Public papers of Charles E. Hughes, governor

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STATE OF NEW YORK

PUBLIC PAPERS

OF

CHARLES E. HUGHES

GOVER NOR

I908

ALBANY

J. B. LYON COMPANY, STATE PRINTEB8

1909

h.^\-x.\*)

I

PROCLAMATIONS

I

PROCLAMATIONS
Upon the Death of Grover Cleveland

State of New York — Executive Chamber.

I announce with deep regret the death of G-rover Cleveland.

Mayor of Buffalo, Governor of this State, twice President
of the United States, he personified civic virtue and exalted
the ideal of public office as a public trust.

Firm, resolute, incorruptible, unseduced by flattery and un-
shaken by fear, just and tenacious of conviction, he enriched
the nation with a noble example of strength and fidelity.

And as it is fitting that New York, to whom he gave the
earlier service which tested and revealed his character, should
pay to his memory the tribute of esteem due to one of her
most honorable and distinguished servants,

Now, Therefore, I, Charles E. Hughes, Governor of the
State of New York, do request that the flags upon all the
public buildings of the State, including armories and arsenals,
be displayed at half-mast up to and including Friday, the
twenty-sixth day of June, nineteen hundred and eight, ■ and
that the citizens of the State unite in appropriate marks of
respect.

Given under my hand and the Privy Seal of the State

[l.s.] at the Capitol in the City of Albany this twenty-
fourth day of June in the year of our Lord one
thousand nine hundred and eight.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.

Public Papers of Governor Hughes

Ordering a Special Election in the Forty-Seventh
Senate District

State of New York — Executive Chamber.

Whereas, a vacancy exists in the office of Senator for the
Forty-seventh Senate District of the State of New York,
composed of the counties of Niagara and Orleans, caused
by the death on the twenty-fourth day of March, 1908, of
Honorable Stanislaus P. Franchot, Senator from said district ;
Now, Therefore, I, Charles E. Hughes, Governor of the
State of New York, in pursuance of the provisions of section
4 of chapter 909 of the Laws of 1896, known as the Election
Law, do hereby order and proclaim that an election for State
Senator in the place of the said Stanislaus P. Franchot, be held
in the. Forty-seventh Senate District, composed of the coun-
ties, of Niagara and Orleans, on Tuesday, the twelfth day of
May, 1-908, such' election to be conducted in the mode pre-
scribed by law for the election of State Senators.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this tenth
[l.s.] day of April in the year of our Lord one thousand
nine hundred and eight.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.

Convening the Legislature in Extraordinary Session

State of New York — Executive Chamber.

Pursuant to the power vested in me by section 4 of Article
IV of the Constitution, I hereby convene the Legislature in
Extraordinary Session at the Capitol in the city of Albany

Proclamations 7

on Monday, the eleventh day of May, 1908, at half-past eight
o'clock, post meridian.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this tjventy-
[l.s.] third day of April in the year of our Lord one
thousand nine hundred and eight.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.

In Relation to the Law Prohibiting Political
Assessments

State of New York — Executive Chamber.

Albany, October 19, 1908.

To All Public Officers and Employees:

Your attention is hereby called to section 24 of the Civil
Service Law, which reads as follows:

" Political Assessments Prohibited.

" No officer, agent, clerk or employee under the government
of the State of New York or any civil division or city thereof
shall, directly or indirectly, use his authority or official in-
fluence to compel or induce any other officer, clerk, agent or
employee under said government, or any civil division or city
thereof, to pay or promise to pay any political assessment,
subscription or contribution. Every said officer, agent, clerk
or employee who may have charge or control in any building,
office or room occupied for any purpose of 'said government,
or any said division or city thereof, is hereby authorized to
prohibit the entry of any person, and he shall not knowingly
permit any person to enter the same for the purpose of therein
making, collecting, receiving or giving notice of any political
assessment, subscription or contribution; and no person shall

8 Public Papers of Governor Hughes

enter or remain in any said office, building or room, or send
or direot any letter or other writing thereto, for the purpose
of giving notice of, demanding or collecting a political assess-
ment, nor shall any person therein give notice of, demand,
collect or receive any such assessment, subscription or con-
tribution; and no person shall prepare or make out, or take
any part in preparing or making out, any political assessment,
subscription or contribution with the intent that the same
shall be sent or presented to or collected of any officer, agent,,
or employee, subject to the provisions of this act, under the
government of the State of New York, or that of any civil
division or city thereof, and no person shall knowingly send
or present any political assessment, subscription or contribu-
tion to or request its payment of any said officer, agent or
employee. Any person who shall be guilty of violating any
provision of this section shall be deemed guilty of a misde-
meanor."

This, statute embodies a sound and important policy and
should be faithfully observed. All public officers and em-
ployees are hereby warned against any violation of its pro-
visions.

(Signed) CHARLES E. HUGHES.

Appointing a Day of General Thanksgiving

State of New York — Executive Chamber.

With grateful recognition of our unity as a people; of our
enjoyment of peace and tranquillity; of the wealth of our
material and moral resources; of increasing opportunities for
industry; of educational advantages and social improvement;
and of our peaceful progress toward the realization of the
ideals of free society :

And with profound appreciation of the obligations of lib-
erty and of our dependence for the. maintenance of our insti-
tutions upon a proper sense of the responsibilities of citizen-

Proclamations 9

ship and upon the cultivation of those qualities of character
which will enable us to discharge them:

And with a common desire to uplift our hearts in praise for
ihe blessings we enjoy:

Let each of us give thanks to Almighty God for our privi-
leges, and with wholesome resolution and with reverent spirit
in His name let us devote our lives to the attainment of the
best of which we are capable in all good works, delighting in
our fellowship and in the joyous service of brotherhood :

Now, Therefore, to this end, I, Charles E. Hughes, Gov-
ernor of the State of New York, by virtue of the authority
vested in me by the laws of the State, do hereby appoint
Thursday, the twenty-sixth day of November in the year
nineteen hundred and eight, as a day of general thanksgiving.
Done at the Capitol in the city of Albany this twelfth
[l.s.J day of November in the year nineteen hundred
and eight.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.

Concerning the Disaster Caused by Earthquake in Italy

State of New York — Executive Chamber.
To the People of the State of New York:

The calamity which has visited Southern Italy and Sicily
must not only excite our deep sympathy with those so sud-
denly stricken, but our desire to aid in the relief of their press-
ing necessities. To this we are prompted by humane impulse
and by our friendly interest in the people so largely repre-
sented among our citizens.

I recommend that contributions be made through the New
York State Branch of. the American National Red Cross which
is in communication with the Italian Red Cross and has under-
taken to receive and forward funds offered for relief.

io Public Papers of Governor Hughes

It may be hoped that the generosity of our people which
has had such beneficent illustration in the past may again
have abundant expression.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this thirtieth
[l.s.J day of December in the year of our Lord one
thousand nine hundred and eight.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.

II

MESSAGES TO THE LEGISLATURE

II

MESSAGES TO THE LEGISLATURE

Regular Session Began January 1 ; Ended April 23

Extraordinary Session Began May 11; Ended June 11

Annual Message

State of New York — Executive Chamber.

Albany, January i, 1908.
To the Legislature:

The transactions of the treasury during the fiscal year end-
ing September 30, 1907, show a large increase in receipts, and
a net gain in surplus amounting to $2,386,693.18. .

Against $35,596,966.92 received from all sources during the
year ending September 30, 1906, the State received in the last
fiscal year $43,980,373.47. Of the increase $7,317,584.76 are at-
tributable to the sale of bonds for canal and highway improve-
ments, to the canal debt sinking fund account and unexpended
canal appropriations, and to the account of trust funds, as
f ollows :

1906. *9°7-

Proceeds of sale of barge canal
bonds $1,011,466 67 $5,038,404 59

Principal and~ interest on bonds
and judgments for canal debt
sinking fund and interest on
deposits for same 318,005 05 396,079 78

Unexpended balance of canal ap-
propriations refunded 124,665 12

13

14 Public Papers of Governor Hughes

*

Proceeds of sale of bonds and
temporary bonds for highway
improvement $100,000 oo $2,317,393 10

Other receipts for account of im-
provement of public highways 22,684 21

Trust funds, including principal
and interest on bonds and de-
posits 687,384 42 1,535.214 10

$2,116,856 14 $9,434,440 90

Excess in receipts for said pur-
poses in 1907 over 1906' $7,317,584 76

Apart from receipts from fees of public officers, including
notaries, and fines and penalties ($382,024.75), from State
prisons ($51,025.22), through State institutions on account of
sales, etc. ($475,192.11), for expenses- of Insurance and
Banking departments ($443,588.32), from sales of lands ($90,-
053.18), from interest on general treasury deposits ($221,
313.54), and from miscellaneous sources ($306,084.69), the
amounts raised by taxation aggregated $32,576,650.76. Al-
though no direct State tax was laid (exclusive of special tax
for judges, stenographers, etc.) this amount was $1,237,-
821.49 m excess of the amount raised in the preceding year.
The comparison is as follows :

1906. 1907-

Direct State tax $1,163,042 30

Special tax for judges, stenog-
raphers, etc 239,675 00 $218,282 14

Tax on corporations 7,832,842 86 8,581,223 44

Tax on organization of corpora-
tions 485,030' 60 391,423 18

Tax on transfers of decedent's

estates 4.7 I 3>3" 33 5.435.394 97

Tax on transfer of stocks 6,631,903 22 5,575,986 64

Tax on trafficking in liquors. . . . 9,486,500 28 9,697,504 24

Tax on mortgages 43 I .3' 2 3 J 7 2,442,249 73

Messages to the Legislature 15,

Tax on racing associations $201,371 14 $215,925 29

Tax on land of nonresident
owners 153,829 37 18,661' 13

$31,338,829 27 $32,576,650 76

Excess in 1907 $1,237,821 49

The income of $2,442,249.73 from the recording tax on
mortgages is especially noteworthy and fully justifies the ex-
pectations of its promoters.

The disbursements during the last fiscal year amounted to
$39,012,687.28 as against $30,350,096.21 in the preceding year.
Of the difference $8,290,513.62 are accounted for in the ex-
penditures for canals, for highways, in trust fund transac-
tions, for forest preserve purchases, redemption of Adiron-
dack Park bonds, and on account of the new educational
building, to wit:

1906. 1907.

Canals,' for all purposes, includ-
ing amounts paid from canal
debt sinking fund (1906, $2,-

583,499-2S; I9°7> $5>369>"

38445) $4,98o,o53 °4 $8,760,034 06

Highways, for all purposes (in-
cluding principal and interest,
temporary certificates for high-
way improvement, 1907, $557,-

423-34) 1,175,595 17 3,279,96"7 58

Trust fund transactions 472,269 96 1,935,989 31

Adirondack park and Catskill

preserve purchases 69,203 81 339, Il 7 58

Principal and interest Adiron-
dack Park bonds 210,500 00

State Educational Building. •••■•■ 462,027 07

$6,697,121 98 $14,987,635 60
Excess for these purposes in 1907. . . : $8,290,513 62

1 6 Public Papers of Governor Hughes

After proper allocation of funds, the available balance or
surplus on September 30, 1907, amounted to $13,678,138.47 as
against $11,291,445.29 at the end of the previous year.

The State debt increased during the last fiscal year from
$10,630,660 to $17,290,660. This was due to the issue of
bonds for canal and highway purposes. The debt is distrib-
uted as follows:

1906. 1907.

Canals .'. $10,230,660 $15,230,660

Adirondack Park 400,000 200,000

Highways 1,860,000

$10,630,660 $17,290,660

= 1

On September 30, 1907, the sinking funds for the canal and
highway debts amounted to $9,573,055.81, leaving the balance
of debt unprovided for $7,717,604.19. The only debt ma-
turing during the current fiscal year consists of the re-
maining $200,000 Adirondack Park bonds which mature on
February 1, 1908.

Canals.

The amount of canal improvement work now under con-
tract amounts to $22,400,000; contracts have been awarded
during the past year amounting to $7,067,000 ; and plans have
been finished for the award of contracts amounting to $7,-
042,000. The State Engineer estimates that plans for the
entire work will be completed in from ten to twelve months.
It is of manifest importance that this work should proceed
with all possible speed consistent with expert care.

I renew my recommendation of last year that in place of
the present expensive method of appraising lands acquired
for this purpose, the matter of appraisal and the making of
agreements of purchase or for the settlement of damages
should be committed to the Superintendent of Public Works
subject to the approval of the Canal Board.

Messages to the Legislature 17

Highways.

During the past year 385 miles of State roads 'have been
built and 564 miles in addition have been contracted for. Plans
are ready for 1,693 miles of road. It is understood '"that of
these last, bids will be received in January for 201 miles, and
that the remaining 892 miles represent roads for which the
counties have already appropriated their share of the cost of
construction, but for which contracts cannot be let until ap-
propriation of the State's share has been made by the
Legislature.

In making the large expenditure which is contemplated for
improved highways, the object is to execute a comprehensive
plan in the interest of the whole State, furnishing through
lines connecting centers of population and proper lateral lines
to provide each section with adequate means of communica-
tion. The subject of needed improvement in our system of
highway development and maintenance is one deserving of
your most careful consideration, in which you will be aided
by the report of the committee of the Legislature specially ap-
pointed to examine the matter.

Banks and Trust Companies.

The recent financial disturbance has directed attention to
the importance of amending the law relating to banks and
trust companies. There is much reason for gratification in
the fact that for the most part our institutions were found
to be sound and that only a few were compelled to give way
despite an unparalleled strain. But every practicable means
should be adopted to prevent repetition of reprehensible prac-
tices and to assure the proper management of the financial in-
stitutions chartered and supervised by the State, upon whose
stability and prosperity the interests of our people in every
walk of life so largely depend.

In order that the matter might be considered with appropri-
ate promptness and in the light of expert opinion, I requested
six eminent bankers representing respectively the different
classes of institutions, to collate facts, to receive suggestions
and to express their views with reference to necessary changes

1 8 Public Papers of Governor Hughes

in the law of the State. These gentlemen, Messrs. A. Barton
Hepburn, Edwin S. Marston, Edward W. Sheldon, Algernon
S. Frissell, Stephen Baker and Andrew Mills, undertook the
task as a matter of public duty, serving without compensa-
tion and defraying their own expenses. I submit to you their
valuable report, inviting your most careful consideration of
its recommendations and also of those contained in the re-
port of the Superintendent of Banks.

It is advised that there should be an enlargement and more
careful definition of the powers of the Superintendent of
Banks with reference to the organization of banks and trust
companies, the establishment of branches of either, and
mergers or the control of one institution by another. Recent
events have demonstrated the necessity of providing effective
means for preventing the exploitation of banks and trust
companies and the acquisition and use of a control of a num-
ber of institutions to facilitate selfish schemes opposed to
sound banking. If suitable restrictions are imposed in ex-
plicit form and with appropriate penalties, ensuring adequate
knowledge and proper action on the part of the board of
directors with regard to loans and other transactions; pre-
venting the deposit of moneys of one institution with another
in order that the officers, directors, or stockholders of the
former may obtain desired credits from the latter; limiting
the amount which may be loaned by any bank or trust com-
pany upon the stock of another financial institution ; reducing
the amount which may be loaned upon collateral to any one
interest ; and erecting proper safeguards against loans and in-
vestments in aid of schemes of promotion represented by un-
marketable securities; and if in addition suitable means are
provided for the enforcement of the rulings of the Superin-
tendent of Banks with regard to improper or unsafe prac-
tices, 'the security of our financial institutions, and the
confidence which springs from just reliance upon their proper
management, will greatly be strengthened.

The members of the committee are not agreed upon the sub-
ject of reserves. The maintenance of reserves, to the highest
extent suggested, of course will not protect against the conse-

Messages to the Legislature 19

quences of improper investments or save an institution that
is in an unsound condition. But it is apparent that the ex-
istence of demand obligations requires reserves to be main-
tained and that they have the salutary tendency to prevent an
undue expansion of credits. The arguments that are adduced
with respect to the different reserve plans which are proposed
I submit to your consideration.

With regard to trust companies, however, the matter of
reserves is a phase of a larger question. It was not contem-
plated by the law relating to trust companies that they should
engage in the same business as banks. Their powers were
defined with reference to the execution of trusts and to ac-
tion in fiduciary capacities, with such incidental privileges as
were deemed consistent with the general purposes. In prac-
tice, however, they have engaged in the banking business upon
a large scale and the moneys deposited with them are for
the most part payable on demand. Despite this development
of their business it was not until 1906 that they were re-
quired to keep any cash reserve, and this is much less than
that required of banks. Whatever else may be said on the
subject, it would seem clear that business of the same sort
should be transacted under the same conditions. It is not the
name of the institution which justifies the imposition or the
omission of the restriction, but the kind of business.

In my judgment nothing will meet the situation with fair-
ness to the interests of the banks, of the trust companies, and
of the public which deal with both, which does not require
that eaoh distinct field of operation should carefully be de-
limited and that any corporation transacting business in a
particular field shall be subject to the obligations and restric-
tions which pertain to that field. Whatever reserves, or other
restrictions, may be deemed advisable with reference to de-
mand deposits in the case of a bank should be equally obliga-
tory with reference to the same sort of deposits in the case
of a trust company. Similarly the savings bank business is a
distinct field, and business of .this sort should be transacted
only by institutions subject to the restriction of the savings
bank law.

20 Public Papers of Governor Hughes

The amount of legal expenses incident to the liquidation of
insolvent banking institutions in this State is a grave scandal
to which the committee of bankers fittingly calls attention. I
recommend that provision be made for liquidation under the
supervision of the Superintendent of Banks and that he shall
have authority to appoint liquidating agents and necessary as-
sistants to enable him to wind up the business in the most
speedy and economical manner. I do not think that there
should be an attempt to oust the court of its jurisdiction to
appoint receivers. But the present provisions of law for ex-
clusive liquidation through receivers appointed by the court
may be changed and the courts should be left to exercise their
jurisdiction in cases where they deem it necessary to inter-
fere with the ordinary course of liquidation. And it should
be provided that application for the appointment of receivers
by the court shall be made in Ijhe judicial district in which
the corporation has its principal place of business and that
proper notice of the application shall be given to all creditors.
Similar provision should be made for the liquidation of build-
ing and loan associations.

Insurance.

The provisions of the Insurance Law, recently enacted, with
reference to the business of life insurance, were designed to
ensure conservative management and to prevent resort to
wasteful methods and the recurrence of the evils which had
been disclosed. There is no business more closely related to
the welfare of the people, especially to the thrifty and provi-
dent, and none which should be more carefully safeguarded.
I recommend to the Legislature that, while any suggestions of
amendments should receive proper consideration, there should
be extreme caution in making any changes, and no changes
should be made unless it clearly appears that they are needed
to conserve the interests of the policyholders.

The need of improving the standard form of fire insurance
policy. has been urged, and I present the subject for your
consideration.

Messages to the Legislature at

I also call your attention to the advisability of providing for
the liquidation under the supervision of the Superintendent of
Insurance, of insolvent insurance corporations in the same
manner as is proposed for the liquidation of banking in-
stitutions.

Public Service Commissions Law.

The Public Service Commissions Law has provided for the
investigation and redress of grievances in connection with the
operation of railroad, gas, and electrical corporations. The
necessity of having such an administrative board with ade-
quate powers so that complaints may be heard and determined
upon their merits, and that there may be suitable machinery
for enforcing the rules of law requiring impartial and proper
service upon reasonable terms, according to the exigencies of
each particular case, cannot be gainsaid. No change is sug-
gested in policy or structure, but such amendments as ex-
perience may show to be advisable to improve the text, to
facilitate administration or more fully to carry out the intent
of the act, should be supplied.

I recommend, however, an enlargement of the scope of the
act. In view of the tasks to be assumed with respect to cor-
porations already under supervision, it was not thought best at
the outset to extend the act to other corporations. It should
now be extended to telephone and -telegraph companies and
they should be brought under appropriate regulation as to
rates, service, and other matters, similar to that which obtains
in the case of the corporations at present subject to the law.

It is not advisable that separate commissions should be
created; efficiency and economy will be promoted by concen-
tration of supervisory powers. The increased labors of the
Public Service Commissions may be met by suitable depart-
mental organization. But to avoid the overburdening of the
commissions when organization is being perfected and prece-
dents in various classes of cases are being established, I
recommend that this extension of jurisdiction shall take effect
on October I, 1908.

22 Public Papers of Governor Hughes

New York City Charter and Debt Limit.

The rommission, the appointment of which was authorized
at the last session, " to inquire into the local government of
the city of New York and the charter thereof and to suggest
legislation thereon," has made a report which I submit to the
Legislature. As the commission was directed to report on or
before December i, 1907, it did not have sufficient time to
prepare a revised charter. But in its report it has made a
valuable contribution to the work of revision in stating the
principles which it regards as of fundamental importance, and
in projecting the lines of improved governmental system and
administration. This work should be prosecuted to comple-
tion without unnecessary delay, and I recommend that provi-
sion be made at as early a date as practicable for the
appointment of a commission for this purpose.

Through the work of the Public Service Commission of the
first district existing facilities will be availed of to their utmost
capacity to improve conditions of transit. But the natural in-
crease in the demands for service, which is incident to the
rapid growth of the city, necessarily outstrips any possible
improvement in the facilities at present available.

The construction of new lines, particularly of new subway
lines, is imperatively demanded. With respect to this matter
the Public Service Commission is subject to the provisions of
the Rapid Transit Act. By the referendum of 1894, the plan of
municipal construction of rapid transit lines was decided upon,
and there is no provision for building such lines with private
capital except in the case of certain extensions of, and addi-
tions to, existing lines., It is urged, however, that the city's
indebtedness has reached such an, amount that there is not a
sufficient margin available to enable the city to provide for
the construction of needed subways. The Charter Revision
Commission recommends . that the Constitution should be so
amended as to exclude from the computation of the city's
debt limit all bonds or evidences of indebtedness issued for
purposes which produce revenues in excess of their main-
tenance charges. I concur in this recommendation and I pre-

Messages to the Legislature 23

sent it to you for appropriate action, looking to the submission
to the people of the proposed amendment in suitable form.

In the meantime the question whether any changes in the;
Rapid Transit Act should be made in order to facilitate
subway construction should receive your most serious
consideration.

Elections.

The Ballot. — I renew the recommendation for the adoption
of a simplified form of ballot, without the party column, in
which the names of candidates for the respective offices shall
appear but once grouped under the names of the offices.

The present form of ballot is unnecessarily cumbrous. In
some instances there have been on one ballot as many as seven
separate columns of independent nominations and the name of
the same candidate has appeared three and four times, in as
many columns. No candidate should have more than one place
on the ballot, so that there may be the smallest possible oppor-
tunity for fraudulent contrivances to secure the advantages of
duplication. Appropriate designation of party may be placed
opposite each name.

Each voter should be required to express his choice for each
office separately. All parties will be placed upon the same
footing and the effect will be to encourage the nomination of
candidates who will not suffer by reason of separate consid-
eration. The uncertainty which from time to time develops
with regard to the proper method of voting split tickets should
be removed, and the best way of accomplishing this result is
to put the voters on the same basis. Experience in other
States shows that partisan fears of the effect of a simpler
ballot are unfounded. There should be no unwillingness to
provide for the freest expression at the polls of the popular
will, and public policy demands that the strength of party
organization should be maintained by the quality of its acts
and candidates, and the principles for which it stands, and
that it should not be permitted to proceed along the line of
least resistance by means of favoring arrangements of our
election machinery.

24 Public Papers of Governor Hughes

Constitutional Amendments. — Some means should be de-
vised to familiarize the voters with proposed constitutional
amendments, to the end that more intelligent consideration
may be secured. Provision for the delivery of the text of
the amendment to the voter at the time of registration in
districts where personal registration is necessary, and suitable
notification elsewhere, may be advisable.

i
Primaries and Direct Nominations.

The urgent need for primary reform is generally recog-
nized. There is wide difference between effective organiza-
tion in the interest of the party and the misuse of such organi-
zation for purely selfish purposes. Within itself the party
constitutes a democracy, and its members should be protected
against despotic proceedings.

To prevent frauds provision should be made for an official
primary ballot. But the form of the ballot should put all the
enrolled voters upon an even footing, without any advantage
to those who are in power for the time being, and should en-
courage discrimination in the selection of party representa-
tives.

There should be unrestricted opportunity for the expression
of the wishes of the members of the party in the selection of
candidates for office. Only in this way can healthy party
activity be secured. And in order that the enrolled voters
should be encouraged to take part in party proceedings, and
that the will of the party in the choice of candidates may be
expressed, and not defeated by a perversion of .party ma-
chinery, I am in favor of direct nominations. I renew the
recommendation made at the last session that provision should
be made for such nominations, at the primary, of candidates
for office. In my judgment it is advisable that the provision
should take the permissive form; that is, that a method of
direct nominations shall be defined which party organizations
may adopt by suitable rule. I favor this course because I
believe that in this manner legislation can be had which will
secure a fair trial of the plan and pave the way for its gen-
eral adoption in the light of persuasive experience.

Messages to the Legislature 25

Race Track Gambling.

As amended in 1895, the Constitution (Article I, section
9) provides:

" Nor shall any lottery or the sale of lottery tickets, pool-
selling, book-making, or any other kind of gambling hereafter
be authorized or allowed within this state ; and the Legislature
shall pass appropriate laws to prevent offenses against any of
the provisions of this section."

Following the adoption of this. provision the Legislature in
1895 amended the Penal Code (section 351) so as to make it
a felony to engage in pool-selling or book-making at any time
or .place, or to record bets or to keep or occupy any place or
stand for such purpose. It made an exception, however, of
cases where an exclusive penalty was otherwise provided.

At the same time, by the so-called Racing Law (Laws of
1895, chapter 570, sections 17-18) a different and exclusive
penalty was provided for book-making and pool-selling on
authorized race tracks, provided- no memorandum or token,
of , the bet was delivered. This exclusive penalty consists of
the forfeiture of the amount wagered, to be recovered in a
civil action.^

In writing for the Court of Appeals, with reference to the
construction of these sections of the Racing Law, Chief Judge
Cullen said (People'v. Stedeker, 175 N. Y. on page 64) :

" It will thus be seen that the effect of these two sections is
to relieve any person who either makes or records a bet,
wager or pool upon the race course from any liability to pun-
ishment except the recovery by the other party of the money
bet or deposited. There is but one qualification . on this
exemption, that no record or registry of the bet shall be deliv-
ered to the other party or to some third person for him. In
other words, the question whether the offender is a felon or
not depends upon whether he delivers, what I may term, a
voucher or evidence of the bet to the other party. If he
abstains from this he may bet, wager and sell pools on the
races and record and register the same free from other liability
than the civil penalty. * * -*."

26 Public Papers of Governor Hughes

The constitutionality of this discrimination has been upheld
by the Court of Appeals upon the ground that in carrying out
the provisions of the Constitution it was in the discretion of
the Legislature to fix the penalty and that in the cases specified
the Legislature could make the penalty simply a forfeiture of
the bet, to be recovered in a civil action. The question for the
court was simply one of legislative power.

A different question, however, is presented to the Legisla-
ture in the exercise of its discretion, and that is the question
of legislative policy and of a substantial, and not a mere techni-
cal, compliance with the explicit constitutional provision. The
Constitution makes it the duty of the Legislature to enact
appropriate laws to prevent pool-selling, book-making, and
other kinds of gambling. Experience has shown that the laws
enacted have not accomplished the purpose which the Consti-
tution defines. The evils and demoralizing influences, and it
may be added, the economic waste, at which the Constitution
aimed, exist under the law and in fact are stimulated and
increased through its provisions. The discrimination in penal-
ties now existing rests on no distinction that is justified to the
popular mind. Public sentiment is against such arbitrary
distinctions, with the re'sult that the laws against gambling
outside of race tracks have been defied, and the administration
of the law has been brought into contempt.

The Constitution makes no exception of race tracks. I
recommend that the Legislature carry out the clear direction
of the people without discrimination. In connection with the
repeal of the existing exception, I recommend that the offenses
described in section 351 of the Penal Code should be punished
by imprisonment and that the alternative of fines should be
abolished.

The Racing Law provides for a tax of 5 per cent, upon
the gross receipts at trotting and running race meetings which
under the Agricultural Law becomes part of a fund for dis-
tribution* each year among various agricultural societies in
prescribed proportions. In order that there may be no diminu-
tion of the support upon which these societies largely rely,
appropriations rniay be made for their benefit to the extent

Messages to the Legislature 27

necessary to secure to them amounts substantially equivalent
to the sums they hitherto have received. It is better that they
should be supported directly than that the State should derive
a revenue for this purpose through an indefensible partiality
in the enforcement of the fundamental law.

State Institutions.

Charitable Institutions. — Under acts, passed at the last ses-
sion, commissions were appointed to select sites for the New
York State Training School for Boys, to succeed the present
House of Refuge on Randall's Island, and also for an Eastern
New York State Custodial Asylum for epileptic and feeble-
minded persons requiring custodial care. Reports will soon
be submitted to the Legislature and in order to expedite this
important work it is recommended that appropriations for the
purchase of adequate sites and for their suitable improvement
shall be made as promptly as possible.

The charitable institutions, unlike the hospitals for the
insane, are not governed by a reasonably uniform law. There
is wide diversity of legal provision with reference to number
of managers, their terms of office., their qualifications, their re-
moval, and with regard to the powers of the managers and
of the superintendent in relation to the appointment of sub-
ordinate officers and employees. Some institutions are re-
quired to report to the Legislature, and others to the State
Board of Charities. While absolute uniformity may be im-
practicable, legislation should provide so far as possible for
a uniform system of management.

Hospitals for the Insane. — The lease to the State of Ward's
Island (the site of the Manhattan State Hospital), which will
expire in 1912, should be extended if satisfactory arrange-
ments can be made with the authorities of New York city.
The overcrowding of the State hospitals is largely in the south-
eastern part of the State and' an additional hospital should be
provided there at the earliest possible moment. At the last
session the Commission in Lunacy was authorized to take steps
to procure a suitable site for this purpose near the city of
New York and to report to the Legislature.

28 Public Papers of Governor Hughes

Prisons; Parole Board. — 'The commission to select a new
site for Sing Sing prison has secured land for this purpose
on the west bank of the Hudson river about forty miles from
New York which it is believed possesses superior advantages.
On account of conditions at the present prison, the work of
construction should be expedited.

The legislation at the last session extending the provisions
for parole of prisoners is of great importance and devolves
largely increased responsibilities upon the members of the
Board of Parole. The State cannot expect to retain the ser-
vices of competent men unless more suitable provision is made
for their compensation.

Salaries in State Institutions; Purchases. — Requests are
being urgently made for the. increase of salaries of employees
in State institutions. While the State is the one employer,
there are diversities in existing classifications and in the
means of fixing salaries which are wholly unnecessary and
subject the State to serious disadvantage. In some cases one
portion of the State service in effect competes with others,
and the want of harmonious action breeds widespread dis-
satisfaction.

The State Comptroller, and the president of the. State Board
of Charities, subject to the approval of the Governor, classify
the employees of the charitable institutions and fix their sal-
aries. In the hospitals for the insane a scale is provided by
law subject to which salaries may be fixed by the Commission
in Lunacy with the approval of the Governor, the Secretary of
State, and the Comptroller. In the State prisons the salaries
or maximum salaries are for the most part fixed by law.

Without losing the advantages of separate supervision of
distinct classes of institutions, it is for the interest of the
State to harmonize its financial operations. I recommend that
in order to obtain desirable uniformity, and to provide a
method by which any necessary changes may be effected with
due regard to the entire service of the State, provision shall
be made for the classification and fixing of salaries in the
charitable institutions, in the hospitals for the insane, and in
the prisons by a board of control in which the respective

Messages to the Legislature 29

classes of institutions, through their supervisory boards and
officers, shall have suitable representation.

The same reason obtains with reference to purchases of
provisions and supplies in the various institutions. To a large
extent supplies of the same sort are required in the different
institutions, and it is desirable that these should.be purchased
by the State under one system and through a single board.
This can be accomplished by having purchases made through
the same board of control, representing all institutions, as that
which fixes the salaries.

The action of the board may be made subject to the ap-
proval of the Comptroller and the Governor.

To promote convenience of administration in the offices of
the State Architect and the Fiscal Supervisor, provision should
be made for a deputy who in the absence of the officer can act
in his place.

Agriculture.

No effort should be spared to conserve the development of
the agricultural interests of the State. Important provision
has been made for instruction in agriculture and in veterinary
science at the colleges established in connection with Cornell
University and for scientific experimentation at the Agricul-
tural Experiment Station at Geneva, and through these founda-
tions steadily increasing benefits will accrue to the people of
the State. The provision for instruction, however, is not ade-
quate. There is much to be said in favor of the establishment
of a secondary agricultural school which would provide a
suitable complement to the work of the college at Ithaca.
There is a favorable opportunity for the establishment of such
a school upon an economical basis in connection with Alfred
University, and I submit the matter to your consideration.

I recommended last year that plans should be made for the
comprehensive and adequate development of the State Fair
in a manner which would avoid haphazard or ill-considered
improvements merely designed to meet temporary exigencies.
In accordance with the directions given at the last session a
complete scheme of improvement has been prepared, and will
shortly be submitted to the Legislature. The development of
course must be gradual and without extravagance. But by

30 Public Papers of Governor Hughes

making substantial progress each year, so that what is done
shall fit into a suitable general plan, economy will be promoted
and the result will be worthy of the State.

The services of the State Fair Commissioners have been
rendered without compensation and are deserving of grateful
appreciation. As the fair assumes larger proportions it is
necessary, however, to consider improvements of the system
of administration. The question is presented whether it will
not'be in the interest of the State to reduce the Commission to
a small number with some provision for compensation.

I call your attention to the serious importance of dealing
with the question of bovine- tuberculosis. The disease is
spreading, and we not only suffer from what may be called
its natural increase, but the measures that are taken in neigh-
boring communities for their own protection have made our
State the recipient on a large scale of tuberculosis cattle which
have been rejected elsewhere. Such a condition is intolerable
and the people of the State should be alive to the necessity of
taking most stringent means for their protection. The subject
should be thoroughly examined and expert advice should be
obtained as to the best measures .to be adopted. There should
also be provision for proper meat inspection. State inspection
to ensure local protection, particularly with regard to the dis-
position of rejected animals, is a necessary supplement to Fed-
eral inspection in connection with interstate commerce.

Labor.

The efficiency of the Labor Department has materially been
increased by the reorganization effected under the legislation of
the last session. Complaint is made of the enforcement of
the provisions of the Labor Law relating to mercantile estab-
lishments on the ground that local boards of health who are
charged with the duty of inspection are not in a position to
give the matter requisite attention. It is urged that better re-
sults would be obtained if it were committed to the State
Department of Labor. I present the question for your consid-
eration.

It should also be considered whether it is not desirable to
transfer to the children's courts cases of violations of the

Messages to the Legislature 31

provisions of the Labor Law affecting children, arid prosecu-
tions of parents for unlawfully permitting children to remain
out of school. As children are necessarily involved in these
cases, the same reasons which led to the establishment of chil-
dren's courts would appear to justify the transfer.

The Bureau of Labor Statistics should be strengthened so as
to permit an extension of its work, and to provide for special
investigations so that the facts relating to particular problems
can be secured and proper measures of relief may be planned
intelligently. Industrial accidents form a subject which in this
way might receive needed consideration.

The condition of immigrants from foreign countries who in
large numbers remain in this State requires careful study.
We cannot afford to ignore the situation and our first effort
should be properly to understand it and to take whatever
measures may be necessary to protect these newcomers from
the special forms of imposition of which they are the victims
and through a proper distribution to realize their economic
value. The matter has many phases which may well form the
subject of a special investigation. I recommend that pro-
vision be made for the appointment of a commission for this
purpose. And as it is a field which has engaged the attention
of many public-spirited citizens, I believe it would be possible
to obtain a commission possessing the highest qualifications
which would serve without compensation.

One of the most beneficial statutes of recent years is the
Tenement-House Act, affecting the conditions under which so
many of. our people live in the crowded sections of our great
cities. The consequences of evasion, if suocessful, are serious.
I recommend the passage of such supplementary legislation as
will strengthen the law, and I would urge the importance of
maintaining unimpaired its salutary provisions.

Forest Preserves and Game Laws.

During the past year 46,156 acres of forest land have been

purchased and contracted for by the Land Purchasing Board,

making the total land held by the State 1,518,450 acres, oi

which 1,454,383 acres are in the Adirondacks and the remain-

32 Public Papers of Governor Hughes

der are in the Catskills. It would be difficult to name any
matter of greater importance to the people than the conserva-
tion of our forests. To this end the State should largely ex-
tend its purchases and so far as possible avoid the increased
cost which will be entailed by delay. Any effort on behalf
of private interests to irivade the common right in these lands
and their maintenance for the public benefit should be
defeated.

Not only should the State extend its holdings, but there
should be suitable replanting to repair the extensive ravages
which have taken place in our forest domain. Progress has
been made injrhis work. Next spring there will be ready for
removal from the State nurseries to the field about 550,000
trees of which 458,000 will be four years old and 92,000 three
years old; 1,693,000 trees remain in the nurseries. In com-
parison with what has been done elsewhere in this country,
the State has reason to be proud of what has been accom-
plished. But the work should be conducted upon a much
larger scale. The State can produce these trees (pine and
spruce) for about $2.50 a thousand, and two men can plant
about 1,400 trees a day. Our citizens should also appreciate
the importance of tree planting upon their non-arable lands.
It may be well that in view of the State's facilities, the Forest,
Fish and Game Commissioner should be authorized to furnish
from the nurseries pine and spruce trees to be planted under
the supervision of the department, at a sum equivalent to the
cost to the State; and I submit this question for your
consideration.

For some years about forty statutes have been passed annu-
ally to amend the Forest, Fish and Game Law. Last year there
were twenty-four amendments, and more than thirty addi-
tional bills, among the thirty-^day bills, failed for want of ap-
proval. No sufficient reason appears for such a volume of
legislation upon this subject. I recommend that the Forest,
Fish and Game Law be carefully revised. It should be possible
in the light of experience and with accurate knowledge of the
needs of the various localities to provide a code which will
be fairly permanent.

Messages to the Legislature 33

I recommend the enactment of a license law providing rea-
sonable license fees for hunting, with a suitable scale for resi-
dents, non-residents, and aliens. The advisability of providing
restrictions with reference to the carriage and possession of
firearms, except during stated periods or under specified con-
ditions, should also be considered. Such measures I believe
would have the support of all those who are interested in the
protection of game; and there is also presented the necessity
of devising means to prevent the indiscriminate destructions
of bird life which, through the consequent prevalence of in-
sects, constitutes a serious menace to our agricultural interests.

Water Powers.

Under an act passed at the last session, an inquiry is now
in progress through the Water Supply Commission with regard
to the undeveloped water powers of the State. Means should
be provided to enable this investigation to be completed with
thoroughness. In the light of exact information, a proper
policy with reference to the development and control of water
powers should be established in order that these important
sources of our prosperity may be held to the utmost extent
possible for the benefit of all the people.

No grant should be made of water power privileges without
compensation and under restrictions which will properly pro-
tect the rights of the public from whom the privileges are
derived.

Public Health.

The waste of life and productive energy which results from
the prevalence of tuberculosis requires that every effort should
be made to limit, if it is not possible to destroy, this scourge.
It is gratifying that public sentiment is being aroused upon
this question and that opportunity is afforded for the co-opera-
tion of public and private effort to attain the desired results.
I recommend to the Legislature the adoption of such measures
(including those already mentioned with respect to me milk
and meat supply) which will tend to prevent the spread of
this disease. Provision should be made for notification and
2

34 Public Papers of Governor Hughes

complete registration of cases and for the dissemination of
necessary information. There should be suitable appropria
tions made to permit systematic effort under the direction of
the Commissioner of Health.

Pure Food.

The laws relating to adulterations and impurities in food
should be codified and presented in a single comprehensive
statute. I recommend the passage of a pure food law which
will prevent the sale of adulterated or improperly branded
foods. The law upon this subject passed at the last session I
■was unable to approve as it contained provisions which in ef-
fect would have made its restrictions inoperative. It is im-
portant that such a law should be clear and precise and make
evasion difficult, if not impossible.

Quarantine Commissioners and Health Officer.

With respect to the quarantine station at the port of New
York there is a divided authority. The health officer has gen-
eral supervision and control of the quarantine establishment
and the care and treatment of the sick. He appoints all
needed assistants, has charge of the inspection of vessels, and
generally has the duty of adopting whatever measures are
needed for the protection of the public "health. The custody
of Hoffman and Swinburne islands, where persons subject to
quarantine are detained, is in the control of three quarantine
commissioners. While expenditures for general quarantine
purposes are made by the health officer, the commissioners
have the care of the buildings and improvements on the islands,
and make expenditures for repairs or additions according to
their appropriations. They also care for the persons de-
tained, through superintendents whom they appoint, the ex-
pense of such care being defrayed by the owners or agents
of the vessels.

This division of authority answers no useful purpose. By
far the most important part of the work of the station is now
performed by the health officer, and it would not add in any
impracticable degree to his responsibilities or require any in-

Messages to the Legislature 35

crease in his compensation if he were charged with the duties
now devolved upon the commissioners and had' the custody
arid control of the islands.

Treating the matter impersonally and without reflecting upon
the commissioners, it seems to me that their offices are un-
necessary and should be abolished.

At present the health officer receives an appropriation for
his laboratory, but otherwise pays his expenses out of the fees
received, accounting for the balance over his expenses and
compensation to the treasury of the State. This is in accord-
ance with the present law, but in my judgment it should be
changed so as to provide that all fees be paid to the State
Treasurer and that the expenses of the office be provided for
by appropriation;

Port Wardens.

There is a board of nine port wardens of the port of New.
York who on request make examinations or surveys of prop-
erty damaged on board of vessels, recording the results, of
which they are authorized to furnish official certificates. They
also have supervision of Hell Gate pilots, holding examina-
tions, ihaking recommendations for appointments, and estab-
lishing regulations.

Assuming that it is advisable to continue the office for the
purpose of furnishing official certificates of surveys of vessels,
it is apparent that the board as now constituted is unneces-
sarily large. There is not sufficient work to engage the atten-
tion of the present number. I recommend that the board of
port wardens be reduced to five members, which will answer
all purposes, even if jurisdiction over pilots be retained. But
this it would seem might well be vested in the board of com-
missioners of pilots to which the Sandy Hook pilots are
subject.

National Guard.

The commission appointed to inquire into the condition of
the national guard and naval militia is about to submit a pre-
liminary report. In order to conform to the requirements
prescribed for the militia by the War Department under the
Federal law of 1903, and in order to secure for this State its

2,6 Public Papers of Governor Hughes

share of the appropriation made by Congress, the necessary
changes in the organization of the national guard must be
made prior to January 21, 1908, when the time prescribed for
that purpose will expire.

A bill which the commission has prepared making the neces-
sary changes in organization will be submitted to the Legisla-
ture with its preliminary report. While it is possible that the
time may be extended by Congress the subject is of great
importance and it is desirable that action should be taken by
the Legislature prior to the date mentioned.

Judicial Salaries.

The salaries of justices of the Supreme Court show extraor-
dinary incongruities. The trial justices outside of the first,
second and ninth districts receive $7,200 a year each, $6,000
as salary and $1,200 as an allowance in lieu of expenses, which
has been judicially construed to be a part of the compensa-
tion, and hence, under the Constitution, is not subject to
change in the case of any justice during his official term. This
amount has not been increased since 1872. But since 1898
the justices have been allowed actual expenses when holding
court away from home. The justices in the first district re-
ceive the same salary and an additional compensation paid by
the city of New York, making a total of $17,500 each. In
the second district the salary, the above-mentioned expense
allowance, and the allowance paid by the counties, makes an
aggregate of $17,500; and the justices in the ninth district,
which was created by a division of the second, and consists
of the counties of Westchester, Putnam, Dutchess, Orange,
and Rockland, receive a like sum ($17,500).

A justice of the Appellate Division in the third or fourth
department residing in the county where the court sits re-
ceives $7,200. And a justice of the Appellate Division in
either of said departments not residing in Albany or Monroe
county receives $9,700. Non-resident justices designated to sit
in the Appellate Division of the first or second department
receive extra compensation upon certificate, which makes their
total compensation equal to that of resident justices.

Messages to the Legislature 37

The practice of increasing compensation by allowances in
lieu of expenses should not be continued. Compensation
should be fixed as such, and actual expenses when properly
payable should be paid as such. In view of the constitutional
provision that the compensation of justices shall not be in-
creased or diminished during their official terms, I recommend
that a resolution be passed proposing a constitutional amend-
ment which shall fix the salaries of trial justices and justices
of the Appellate Division of the Supreme Court on a suitable
basis, and shall prohibit .any other compensation or allowance
in lieu of expenses.

(
Champlain and Hudson-Fulton Celebrations.

Fitting preparation should be made for the celebration in
the year 1909 of the three-hundredth anniversaries of the dis-
coveries of Lake Champlain and the Hudson river. The
former is an event of interstate and international importance,
and a commission representing this State is co-operating with
a Vermont commission in perfecting suitable plans. It is
hoped that the Federal government will give assistance, and
that through its offices the government of the Dominion of
Canada and the Republic of France will be invited to
participate.

In view of its far-reaching results the celebration of Hud-
son's discovery should be planned upon an adequate scale and
in every respect should be worthy of the State. In connec-
tion with this celebration the first voyage of Fulton's steam-
boat up the Hudson river will also be commemorated. This
subject is in charge of a commission which is giving the mat-
ter careful attention.

Suitable appropriations should be made for these purposes
which can hardly fail to deepen the interest of our people, and
notably of our youth, in the study of our history and to stim-
ulate that patriotic sentiment which we should lose no oppor-
tunity to intensify.

In every department of administration the demand is ur-
gently made for increased facilities. The activities to which

38 Public Papers of Governor Hughes

the State is committed, in its provision for education, in its
charities, in the care of the insane and feeble-minded, in its
prisons, reformatories and reform schools, constantly expand
with inevitable requirements for betterments and extensions.
There is also a growing appreciation of the needs of the peo-
ple, and hew opportunities for beneficial action by the State,
without transcending proper limits, continually present them-
selves. It is of the highest importance that plans for develop-
ment and extension should be examined most critically and
with a fitting sense of proportion, to the end that moneys may
be appropriated with due regard for economy and without
either favoritism or waste.

Upon some claim of State obligation, requests are made
annually for the expenditure of State moneys in connection
with dams, bridges, and other works in various localities. In
order that the State may perform its full duty to all localities
impartially and at the same time be protected from all un-
meritorious demands, the precise extent of such obligation
should be ascertained and a comprehensive plan for their dis-
charge should be formulated.

(Signed) CHARLES E. HUGHES.

RACE TRACK GAMBLING
Reply to Resolution of Inquiry from the Assembly

State of New York — Executive Chamber.

Albany, March 3, 1908.
To the Assembly:

I have received a copy of the resolution adopted by your
honorable body in which you ask for a certain letter addressed
to me by an alleged gambler, and any similar letters, or copies
thereof relating to the pending bills to put a stop to race-track
gambling.

I must respectfully decline to comply with your request.
I am not acquainted with the person who signed the letter, nor,
in view of his description of himself, should I care to make any
assumption as to his responsibility. Although the letter was
received at the Executive Chamber, I had not seen it prior

Messages to the Legislature 39

to its publication. And it goes without saying that such a
letter could not be regarded as evidence that any of the mem-
bers of your honorable body have been or would be suscep-
tible to improper influences. The transmission of the letter
could serve no purpose except, perhaps, to expose the author
to the revenge of the fraternity whose traditions he had vio-
lated. I may add that I have no additional letters similar to
the one to which you specifically refer, although I have a
very large number from citizens who desire to see the bills
passed and from those who recite the distress and demorali-
zation which as is well known have been the natural conse-
quence of the practices at which the bills are aimed.

I give no credence to any report that the members of your
honorable body would be deflected from their manifest duty
by an attempt, if any such were made, on the part of those
who have vast interests at stake in this matter to corrupt their
judgment. On the contrary, I have implicit confidence that
the Legislature will carry into effect the constitutional man-
date and will purge our State of this source of misery and
vice which exists only because the will of the people, flatly de-
clared in the fundamental law, has not been carried into effect.

On the one side we have the plain provision of the Consti-
tution that pool-selling and book-making shall not be allowed in
this State and that the Legislature shall pass appropriate laws
to prevent these offenses.

On the other side stand those who would sacrifice the morals
of our youth by extending the area of unnecessary temptation ;
who would inflict needless suffering upon helpless women and
children, dependent upon the cultivation of thrift and indus-
try; and who would imperil the welfare of thousands of our
people, simply because of their selfish desire to make money
out of gambling privileges. They fatten upon wretchedness,
and have the effrontery to demand that the laws of the State
shall be adapted to their purposes.

Your honorable body knows that pool-selling and book-
making at race tracks are not now prevented by appropriate
laws as the Constitution requires but flourish substantially un-
restricted under what amounts to legal protection. This is
a scandal of the first order and a disgrace to the State. The

40 Public Papers of Governor Hughes

bills are not aimed at racing or at race tracks or at property.
They are aimed at public gambling, prohibited by the Consti-
tution, condemned by the moral sense of the people, irrespect-
ive of creed, and conceded to be the prolific source of poverty
and crime.

I sincerely trust that nothing will divert your attention from
this main issue and that the Legislature, acting in obedience
to the constitutional provision, will free us from a curse of
which no just defense is possible, and thus command the ap-
proval and the confidence of the people of the State.

(Signed) CHARLES E. HUGHES.

Resolution Passed by the Assembly

In Assembly, March 2, 1908

Mr. Hammond offered for the consideration of the House a
resolution in the words following:

Whereas, It appears by the public press that the Governor
of this State has received, and is in possession of a letter
addressed to him by an alleged gambler, stating in effect, that
it is the intention of the opponents of the so-called anti-racing
bills to defeat the same in the Legislative Committees having
jurisdiction thereof, and the Legislature by the use of money,
and that members of the Legislature have already indicated
that they are subject to influences of such character: now b,e it

Resolved, That the Honorable Charles E. Hughes, Governor,
be and hereby is respectfully requested to transmit said letter
or a copy v thereO'f, and any other letters or copies thereof, of a
similar character, relative to said subject-matter, together
with a statement as to his knowledge or information as to the
identity and responsibility of the authors thereof, to the As-
sembly for the information of said Legislative Committees
and the Legislature.

Mr. Speaker put the question whether the House would
agree to said resolution and it was determined in the
affirmative.

yss.

Messages to the Legislature 41

STATE OF NEW YORK,

County of Albany,

Office of the Clerk of

the Assembly.

I, Ray B. Smith, Clerk of the Assembly, do' hereby certify
that I have compared the foregoing resolution with the origi-
nal thereof as contained in the original copy of the official
journal of the proceedings of the Assembly of the State of
New York, of the second day of March, 1908, now on file
in my office, that the foregoing is a true and correct transcript
of said original resolution and the action of the House thereon
and of the whole thereof.

In Witness Whereof, I have hereunto affixed my hand
and official seal this third day of March, 1908.

(Signed) RAY B. SMITH,

[l. s.] Clerk of the Assembly.

Special Message

Relating to Race-Track Gambling, Supervision of Banks and
Trust Companies, Direct Nominations, Regulation of Tele-
phone and Telegraph Companies, Rapid Transit in New
York City, Improved Highways, Abolition of the Quaran-
tine Commission, Reduction of the Number of Port
Wardens, Canal Land Appraisement, and for Commissions
to Inquire into and Report upon Speculation in Securities,
the Condition of Immigrants, the Condition of the Unem-
ployed and Inferior Courts of Criminal Jurisdiction

State of New York — Executive Chamber.

Albany, April 9, 1908.
To the Legislature :

I again urge you to enact appropriate legislation to abolish .
the existing discriminations in favor of race-track gambling.

The failure of the upper branch of your honorable body
to pass the measures designed to effect this purpose after their
passage in the lower branch cannot be regarded as disposing

42 Public Papers of Governor Hughes

of the matter. The Constitution, with its peremptory man-
date, still, stands. It provides:

" Nor shall any lottery, or the sale of lottery tickets,
pool-selling, book-making, or any other kind of gambling
hereafter be authorized or allowed within this State; and
the legislature shall pass appropriate laws to prevent
offenses against any of the provisions of this section."

The evil of race-track gambling flourishes not in spite of
the law, but because of the law. Legislation pretending to
carry out the constitutional provision in effect nullifies it. You
are not asked to accomplish the impossible, or to write upon
the statute books a visionary scheme of moral reform. You
are asked to rid our law of a vicious discrimination whereby
offenses equally condemned by the Constitution are punished
as crimes if committed in one place, and are encouraged by
the absence of suitable penalty if committed in another.

Chapter 570 of the Laws of 1895, known as the Percy-Gray
Law, pretends in its provisions with regard to authorized
race tracks to prohibit gambling. This pretense runs through
the act. But it cheats the prohibition by providing that the
only penalty, if no memorandum or token of the wager be
delivered, shall be liability to a civil suit for the money lost.
If ever it was supposed that this was an appropriate law to
prevent the offenses mentioned in the Constitution, no one now
cherishes the illusion. It is a mockery of prohibition, and
pool-selling and book-<making flourish at the race tracks as
though they were legally authorized. Not only is this the re-
sult, but the enforcement of the law elsewhere is embarrassed
by these undemocratic discriminations.

It is not a question for the Legislature whether this vice
should be permitted or regulated. Under the Constitution the
Legislature has no right to permit it or to regulate it. The
people have spoken upon that question. You are asked to
make existing prohibitions effective. Instead of virtually pro-
tecting pool-selling and book-making upon the race tracks, — in-
stead of favoring them and subjecting them to an inadequate
penalty, — the law can and should effectively prohibit them

Messages to the Legislature 43

by imposing penalties similar to those which are visited upon
identical offenses elsewhere.

The demoralizing influences and the menace to the welfare
of the State which are involved in the continuance of this
evil are obvious. Still more important is the necessity of
vindicating the fundamental law of- the land and of demon-
strating that this is a State where law and order prevail and
where no interest is powerful enough to keep upon the statute
books deceitful provisions whereby prohibition becomes profit-
able license and a favored class of lawbreakers are afforded
substantial immunity.

Respect for law is the security of our government, and the
guarantees of the rights of liberty and property will not long
avail if the people are taught to view the Constitution with
contempt.

I, therefore, urge you to discharge a manifest duty and to
end the discriminations in favor of race-track gambling which
cupidity inspired and now seeks to maintain.

I also urge upon you the importance of the enactment, be-
fore the adjournment of your honorable body, of suitable leg-
islation with regard to the following matters :

Provision for such additional amendments to the law as
may be needed to secure the proper conduct and adequate su-
pervision of banks and. trust companies and their economical
liquidation in accordance with my former recommendations.

Amendment of the Primary Election Law so as to make
proper provision for direct nominations and an official pri-
mary ballot in suitable form.

Amendment of the Public Service Commissions Law sub-
stantially in the manner recommended as the result of the
experience of the Commissions, and also for the purpose of
providing appropriate regulation for telephone and telegraph
companies.

Amendment of the Rapid Transit Law for the purpose of
facilitating, under adequate restrictions in the public interest,
the building of subways in the city of New York.

Amendment of the law so as to consolidate our highway
statutes and provide a suitable scheme for the construction
and maintenance of highways.

44 Public Papers of Governor Hughes

Abolition of the commissioners of quarantine and the devo-
lution of their duties upon the health officer of the port of
New York.

Reduction of the number of port wardens of the port of
New York from nine to five.

Provision for a more economical system of appraising lands
taken for canal improvement.

There are also questions which it- is important should form
the subject of authoritative investigation. They are closely
related to the welfare of the people and cannot be dealt with
satisfactorily unless the conditions are accurately known and
carefully studied.

I recommend that provision be made, by commissions serv-
ing without compensation but with proper appropriations for
expenses, for suitable inquiry into the following matters :

i. The facts relating to speculation in securities and com-
modities with the view to ascertaining the manner in which
illegitimate transactions may be prevented and legitimate busi-
ness safeguarded;

2. The condition and distribution of immigrants from for-
eign countries who are resident within this State and the
measures which may be practicable to remedy existing abuses ;

3. The number and condition of the unemployed and the
means best adapted to secure a resumption of productive
activity ;

4. The methods and procedure of inferior courts of crimi-
nal jurisdiction where it would seem that our system of ad-
ministering justice may be greatly improved.

(Signed) CHARLES E. HUGHES.

Messages to the Legislature 45

TO THE EXTRAORDINARY SESSION

Recommending Legislation for Telephone and Telegraph
Companies, for Direct Nominations, for Reducing
Fraudulent Voting, for the Government of Political
Parties, for the Support of the Bureau of Mercantile
Inspection, for the Payment of Excise Tax Rebates
and for Commissions to Inquire into and Report
upon Speculations in Securities, and the Condition
of, the Unemployed

State of New York — Executive Chamber.

Albany, May 11, 1908.
To the Legislature :

I have convened you in Extraordinary Session because there
are matters of serious importance which I deem it my duty
to present to you for appropriate action.

I recommend for your consideration at this time the follow-
ing subjects:

1. The amendment of the Public Service Commissions Law
by making suitable provision for the enlargement of the juris-
diction of the Public Service Commissions so as to bring tele-
phone and telegraph companies under proper regulation ; and
also such other amendments of the statutes as may be deemed
advisable in the light of the experience of the Commissions
in order more fully to accomplish the purpose of the Public
Service Commissions Law.

The policy of the State with regard to the supervision of
public service corporations should be uniform and embrace all
corporations 'of this character. Telephone and telegraph com-
panies exercise important public franchises. The community
should be protected against extortionate rates and machinery
should be provided for an adequate supervision of operations
and service. Issues of securities should be made only under
appropriate public scrutiny to prevent the evils of unwarrant-
able inflation. The State should protect its citizens from ex-
-ploitation on the part of those who enjoy public privileges and

46 Public Papers of Governor Hughes

undertake public service, while at the same time by provision
for thorough investigation and the careful examination of
facts by an administrative board suitably equipped for this
purpose, the evils of ill-considered and arbitrary action before
the facts have been properly ascertained, should be avoided.
Justice to the community does not involve injustice to private
rights. The provision of adequate means for the exercise
of the State's authority of regulation so as to ensure the per-
formance of public obligations in a just and impartial manner,
is of the highest importance to the good order of the com-
munity and to the welfare of all the people. The State can-
not afford to be lax in the exercise of its supervisory powers,
but they should not be exercised without due regard to the
varying problems of numerous particular cases. The subjects
of complaint in connection with the operations of public ser-
vice corporations involve so many considerations, and demand
such patient, expert, and thorough inquiry, that they cannot
be dealt with to advantage through sporadic legislative actiom

The plan which was adopted last year of establishing public
service commissions has worked admirably, and indeed as
an adequate scheme of regulation presents the only alternative
to legislative action, which is manifestly not as well adapted
to the just settlement of the great variety of grievances which
must be dealt with separately and 1 after investigation and are
susceptible of a fair disposition only through a continuous
administrative board.

The plan should be made comprehensive; and now that the
Commissions have been organized and are in working order,
it is proper that telephone and telegraph companies should be
brought under their supervision. This may be made effeotive
as early as October i, 1908. Action now will save at all events
many months, and most probably, a year's delay in establishing
this important jurisdiction.

Along with this extension of jurisdiction, it is also impor-
tant that as promptly as possible, whatever amendments of the
existing law experience has shown to be advisable, should be
supplied. A bill for these purposes was introduced at the
regular session, and passed the Senate. I earnestly recom-
mend this matter to your careful consideration.

Messages to the Legislature 47

2. The amendment of the Primary Election Law so as to
make suitable provision for direct nominations and an official
primary ballot.

This will have a most salutary effect in preventing the per-
version of party organization to selfish uses. Party nomina-
tions should accurately reflect the will of the enrolled voters,
and provision should be made for the expression of this will
as directly as possible. The organization of parties, not
merely in theory but in fact, should accord with the spirit of
our institutions; it should be democratic and not oligarchic
or despotic. The voters should be able, if they so desire, to
choose their candidates, and elected representatives should
recognize their accountability directly to their constituents. It
is a perversion of the machinery designed to carry on a free
government that those who are elected to office should regard
themselves as the appointees of individuals, responsible to
them for their acts, and dependent upon them for their con-
tinuance in political life. In order that they may be free in
fact, as they are in theory, to discharge the duties of office
according to their conscience, and consistently with their pro-
fessed principles, they should be able to rely upon continued
confidence reposed in them by the communities which they
represent. Electoral machinery should not be so devised as
to enable individuals to thwart or ignore the will of the people
by control of the instrumentalities of nomination. Party lead-
ership, if skillful and unselfish, and party organization, if it
be inspired in its effort by honorable devotion to party prin-
ciples, cannot fail to command just recognition and esteem.
But there is a prevalent tendency to use forms of association
for purposes the reverse of those for which they have been
designed. And to prevent such encroachments constant. vigi-
lance is necessary. This is the more important in connection
with the administration of party affairs, because of the ab-
sorption of our people in the activities of their business life
and the readiness with which control is gained by small bodies
of men who are anxious to secure and hold it. No party man,
however zealous, can object to the utmost freedom on the
part of the members of his party of expressing their will,

48 Public Papers of Governor Hughes

particularly in the choice of those who are to represent them
as candidates for office. While on the other hand opportunity
for such free expression constitutes an important safeguard
against the misuse of delegated powers and promotes the
effectiveness of organized effort which depends for its true
success upon the confidence it inspires through its representa-
tive character.

I recognize the fact that, with regard to this matter, dif-
ferent situations exist in different communities. But what-
ever objection may be urged at this time to- a provision of a
mandatory character, there can be no valid objection to the
incorporation in the Primary Election Law of a provision
which will permit the adoption of a plan for direct nomina-
tions in those communities where it is desired. This is the
principle of the present law, but its provisions have been found
to be inadequate and impracticable. It is highly important that
a fair, complete, and workable scheme should be supplied to
carry out the intent of the existing statute. A denial of the
privilege of direct nominations to the enrolled voters of a
district where it is desired cannot be justified. It would
imply a distrust of the voters and of the very basis of our
republican form of government. On the other hand the adop-
tion of a plan for such nominations where the sentiment of
the enrolled voters demands it will serve to demonstrate its
merits in the course of actual experience and provide an avail-
able remedy for notorious abuses.

Provision should also be made for additional protection
against the commission of frauds in primary elections. With
respect to this, provision for an offiriaj^pximary ballot is of
the utmost importance. It is generally agreed that this will
accomplish much in preventing fraud. The ballot should be in
such form as to put the enrolled voters upon a proper basis of
equality.

3. The amendment of the Election Law so as to provide,
wherever experience shows it to be necessary, for a more
complete identification of voters in connection with registra-
tion and thus reduce the opportunities for fraudulent voting.

4. The amendment of the law so as to make more adequate

Messages to the Legislature 49

provision for the government of political parties and to fur-
nish suitable protection against corrupt or arbitrary action.

In my first message to the Legislature I said with regard
to possible abuses by State conventions and committees : " If
such dangerous practices are not forbidden by existing laws,
and proper remedies do not exist for the correction of such
serious abuses, it is time that statutes adequate for this pur-
pose should be promptly enacted. The same policy which gov-
erns in the case of minor conventions and committees should
apply to State organizations. Minorities should not be per-
mitted to make themselves majorities by the arbitrary seizure
of political organizations, nor through corruption or dishonest
methods, and the courts should be vested with ample power
to review in a summary manner all such abuses, and to re-
store to defrauded persons the political rights to which they
are justly entitled. This is not a partisan matter, but it is one
in which all who believe in fair play and honorable political
methods are deeply interested." I again invite your considera-
tion of this matter.

5. The amendment of the Labor Law so as to provide for
a Bureau of Mercantile Inspection in the Labor Department
and to place with the Commissioner of Labor the enforcement
of the law relating to mercantile and other establishments
mentioned in section 161 of the law, at least in the larger
cities. It is apparent that local boards of health in the large
cities are not in a position to give this matter suitable attention.
The enforcement of the law with regard to child labor is a
matter of the greatest importance, and it will be more largely
secured by placing it, in connection with these establishments,
with the State Commissioner of Labor.

The supply bill passed at the regular session carries appro-
priations to enable the Labor Department to undertake this
work. But the necessary amendments of the substantive law
have not been made.

6. The making of a suitable appropriation for the payment
of rebates on surrender of liquor tax certificates under the
provisions of the Liquor Tax Law. There was appropriated
for this purpose at the regular session $300,000. But in view

50 Public Papers of Governor Hughes

of the change of the date from which tax certificates are here-
after to run, not more than a third of this amount will be
required. I recommend that $100,000 be appropriated for this
purpose, which will permit an unnecessary charge against the
income of the State to be eliminated.

I also renew my recommendation made to you at the regular
session that .provision be made by commissions serving with-
out compensation but with proper appropriations for expenses,
for suitable inquiry into the following matters:

a The facts relating to speculation in securities and com-
modities, with the view to ascertaining the manner in which
illegitimate transactions may be prevented and legitimate busi-
ness, safeguarded.

b The number and condition of the unemployed within the
State and the means best adapted to secure a resumption of
productive activity. That the situation with regard to the un-
employed is exceedingly grave cannot be gainsaid. And I
deem it important that there should be an intelligent and
thorough inquiry and due .consideration of the facts as
ascertained.

I recommend these subjects for your consideration.

I have called a special election in the Forty-seventh Sena-
torial District to fill the vacancy in the Senate caused by the
. death of Honorable Stanislaus P. Franchot. This election is
to be held on May 12, 1908. I make no further recommenda-
tion at this time, but it is my intention later to lay before you
the important matter of abolishing the existing discriminations
in favor of race-track gambling, and of enacting appropriate
legislation in accordance with the constitutional mandate for
the prevention of this evil.

(Signed) CHARLES. E. HUGHES.

Messages to the Legislature 51

TO THE EXTRAORDINARY SESSION
Recommending Legislation upon Various Subjects

State of New York — Executive Chamber.

Albany, May 27, 1908.
To the Legislature:

In view of their urgency I recommend the following sub-
jects for your consideration:

1. The amendment of the law relative to the Court of
Claims so as to provide for the enlargement of its jurisdiction
in an appropriate manner.

A bill for this purpose was passed at the regular session
and after careful consideration of its provisions I was unable
to approve it, having reached the conclusion that it conflicted
with Article VII, section 6, of the Constitution limiting the
claims which can be allowed by the Legislature. It is of
great importance that we should have a general statute en-
larging the jurisdiction of the Court of Claims, thus provid-
ing for meritorious claims which come within the policy of
such a general law, and putting an end to the practice of seek-
ing this result by the passage of special bills in aid of par-
ticular cases.

2. The making of suitable appropriation to provide for the
elimination of grade crossings.

It appears that the item in the supply bill which has been
approved is not adequate. The appropriation of 1906, of
which there is a considerable balance, will expire in a few
days. I recommend that this be reappropriated.

3. The making of suitable appropriation to cover the ex-
pense of the appeal to the Supreme Court of the United
States in the case of the Consolidated Gas Company of New
York against William S. Jackson et ah, including the neces-
sary amounts to provide for the certification of the record
and the deposit with the clerk of the Supreme Court to cover
costs.

It appears that no appropriation is available to cover the
payment and deposit required in order to avoid a dismissal of

5-2_ Public Papers of Governor Hughes

the appeal which has been advanced and set for argument
next fall, and immediate provision should be made for this
purpose.

4. The amendment of the law as to the State Farm for
Women' so as to give authority, if such course be found feasi-
ble, for the establishment of the farm on the property owned
by the State at Comstock, or any part thereof, and avoid the
necessity of acquiring another site.

5. The amendment of the Village Law authorizing villages
to borrow money in anticipation ©f taxes prior to annual levy,
with suitable restriction.

A bill to this effect was passed at the regular session, but
could not be signed as it conflicted with a law passed at the
same session amending the same section.

6. The passing of suitable legislation with regard to the
finances of the "city of New Rochelle so as to provide for the
authority for the issue of bonds and whatever enabling and
validating acts may be needed to put the city in sound financial
condition.

7. Authorizing the village of Geneseo to submit to the elect-
ors the proposition of issuing bonds for the purpose of
improving streets and highways and making provision therefor.

•8. Providing in a suitable manner for the legalization of
taxes and bond issues and all proceedings preliminary thereto
and granting appropriate authority in the following cases :

a With regard to the sewer system of Mount Kisco, and
the agreement relating thereto made with the city of New
York.

b With regard to Union Free School District No. 6 of the
towns of Rye and Harrison, Westchester county, and the
election of a new school building or addition to the present
building in the town of Harrison, and for the purchase of
apparatus and furniture and fixtures therefor.

c With regard to the construction of a village hall in the
village of Tannersville, Greene county.

d With regard to the building of a bridge over the Oris-
kany creek in the town of Whitestown, Oneida county.

9. Providing for harbor facilities in connection with the
barge canal at Syracuse.

Messages to the Legislature 53

A bill for this purpose was passed at the regular session
and failed because of an error with regard to the route of the
canal.

All these matters I am assured are of urgent importarice to
the communities affected.

(Signed) CHARLES E. HUGHES.

1
TO THE EXTRAORDINARY SESSION

Recommending Legislation for the Prevention of Race-
track Gambling and in Relation to Other Subjects

State of New York — Executive Chamber.

Albany, June 8, 190&
To the Legislature:

I recommend for your consideration the enactment of suit-
able legislation for the prevention of race-track gambling.

The issue has been clearly presented whether the interests
of those who wish to maintain gambling privileges at race
tracks shall be considered paramount to the Constitution of
the State. It is an issue which has been clearly defined and is
fully appreciated by the people. It cannot be obscured by a
discussion of the propensities of human nature. Race-track
gambling exists not because it is hidden or elusive, but as an
organized business shielded by legislative discrimination. The
law which professes to prohibit it in fact protects it.

At the regular session, the lower house of your honorable
body by a large majority passed bills designed to remedy this
evil. They failed in the upper house by a tie vote in the
absence of a full representation. This could not be regarded
as decisive. It only served to illumine the issue and to make
still more clear the nature of the test it involves. Nor can
the question be finally disposed of save by vindicating the
honor of the State and b'y demonstrating that there is no
power, however strong or unscrupulous, which can be per-

54 Public Papers of Governor Hughes

mitted to override the will of the people as expressed in the
fundamental law.

The history of the constitutional amendment leaves no doubt
as to its object. There never has been a case where the people
in adopting a constitutional provision had a more definite ^pur-
pose. The Legislature in 1887, by excepting certain times
and places from the operations of the Penal Code, had legal-
ized gambling at race tracks. Despite protests the law re-
mained unrepealed. The Constitutional Convention prepared
an amendment so as to make it impossible for the Legislature
to legalize gambling at race tracks and so as to enjoin upon the
Legislature in explicit terms the duty of preventing it. This
is clearly shown in the debates of, the Convention, which
adopted the amendment by an overwhelming vote. It also
appears that the sweeping form of the amendment was chosen
in order to leave no opening for evasion and because of fear
that practices substantially equivalent to those which had been
allowed might otherwise be continued under new names. The
provision recommended by the Convention was adopted by the
people, and yet the practices it aimed at still continue to all
intents and purposes as though they were legalized. We thus
have the spectacle of the practical nullification of the Constitu-
tion and of the open disregard of a popular mandate in a
natter of gravest concern to public morals.

While the so-called Percy-Gray Law (Laws of 1895, chap-
ter 570) in form prohibits race-track gambling, the penalty it
provides is so utterly inadequate as to amount to no penalty
at all. Whatever may have been the supposition as to the
sufficiency of the penalty, there can be no illusion about the
matter at the present time. So long as the formalities of the
statute are complied with, book-making at the race tracks,
maintained under authority of law, continues as a favorite
of legislation instead of being under an appropriate ban. This
results from the fact that race-track gambling has been taken
out of the provisions of the Penal Code which relate to similar
offenses elsewhere. These offenses upon race tracks have
been made a favored category with an exclusive penalty.
Book-making elsewhere is a crime ; upon the race tracks, under

Messages to the Legislature 55

the prescribed conditions, it is not a crime. All provisions of
the criminal law which might otherwise touch it are rendered
inapplicable.

The efficacy of a prohibition lies in the penalty by which it
is enforced. The exclusive penalty for race-track gambling,
if the conditions are observed, is liability to a civil suit to
recover the money lost. And thus the prohibition of the Con-
stitution is made a farce.

It is within the power and it is the duty of the Legislature
to provide a remedy. It has simply to repeal the discrimi-
nating provisions of the Percy-Gray Law under which the
evil is fostered. It has simply to remove the exceptions which
take these practices out of the Penal Code and to perform
its duty under the Constitution of providing appropriate pen-
alties to prevent these offenses. A n d in order that the pen-
alties should be efficacious, the offenses described in section
351 of the Penal Code, whether committed on or outside race
tracks, should be punished by imprisonment and the alterna-
tive of fines should be abolished.

Racing and lawful sport should be able to flourish without
gambling. And there seems to be no reason why book-making
should be regarded as essential to the breeding of horses.
But this is beside the mark. The question is neither as to
sport nor as to horse breeding, but as to the enforcement of
the constitutional provision in its application to a plainly pre-
ventable evil, the continuance of which outrages the moral
sentiment of the State and does violence to our respect for
law and order.

We desire to maintain the standards of thrift and industry,
and to safeguard the morals of our youth from those unneces-
sary temptations which exist by reason of the pernicious dis-
criminations of the present law. Above all we must maintain
regard for the Constitution and the law, and confidence in
impartial administration. These are our underlying securities,
and it is dangerous to impair them. If we are to preserve our
institutions in their integrity and our growing population is to
cherish the fundamental guarantees which protect the rights
of property and the rewards of honest endeavor, we cannot

56 'Public Papers of Governor Hughes

permit the solicitations of avarice to triumph over the com-
mand of the Constitution.

I, therefore, respectfully urge upon you the most serious
consideration of this matter.

I also recommend for your consideration the enactment of
suitable legislation with regard to the diseases of cattle, espe-
cially tuberculosis. I disapproved the bill which was passed
at the regular session with regard to this subject, because of
defective administrative features and of the failure to supple-
ment it by adequate appropriation. And I trust that legisla-
tion will be enacted which will be free from the objections
which were urged on behalf of the farmers to the former bill
and which will fairly meet the requirements of all interests.
The matter is one of great importance and I believe that the
farmers are prepared to co-operate with the Department of
Agriculture in making effective reasonable measures to con-
trol the spread of the disease. Scientific investigation, the
diffusion of necessary information, and qareful procedure
should be provided for, to the end that the matter may be
dealt with intelligently and effectively, and with due regard
to the means best adapted for that purpose. Provision should
also be made for proper compensation to the owners of cattle
taken by the State and adequate appropriation should be made
therefor.

I also recommend for your consideration the following
subjects :

1. The amendment of the charter of the city of Watertown
with regard to the amount which may be raised by taxation
in said city and the grant of authority for that purpose. This
is of extreme importance by reason of an inadvertent error
in the revision of the charter at the regular session.

2. Provision for the abolition of the railroad grade cross-
ings at Brown street in the city of Rochester. A bill for this
purpose was passed at the regular session, but could not be
approved because it was not returned with the acceptance of
the city within the time provided in the Constitution. The
measure is essential to the safety of the people of that city.

(Signed) CHARLES E. HUGHES.

Messages to the Legislature 57

TO THE EXTRAORDINARY SESSION

Recommending an Appropriation for the Expenses' of
the Session

State of New York — Executive Chamber.

Albany, June 11, 1908.
To the Legislature:

I recommend for your consideration the subject of making
suitable appropriation for the expenses of this session.

(Signed) CHARLES E. HUGHES.

Recommending Honors to George Clinton, First Governor
of the State

State of New York — Executive Chamber.

Albany, May 26, 1908.
To the Legislature:

The remains of George Clinton, first Governor of New
York, being about to be removed from their resting place at
Washington, are to be received in this State with appropriate
honors, and are to be reinterred in the churchyard of the
First Dutch church at Kingston on the 30th day of May, 1908.

In view of the long and distinguished public service of
General Clinton and his official relation to the government of
this State, it is fitting that the Legislature, through suitable
representation, should participate in the ceremonies at King-
ston. And I recommend that proper action be taken for that
purpose.

(Signed) CHARLES E. HUGHES.

Ill

VETOES

Ill

VETO MESSAGES

Changing the Name of the First Presbyterian Society

of Bethel

State of New York — Executive Chamber.

Albany, March 13, 1908.
To the Senate:

I herewith return, without my approval, Senate Bill No. 202,
entitled "An act to change the name of the First Presbyterian
Society of Bethel, a religious corporation located in the village
of Gorham, in the county of Ontario, to the First Presbyterian
Society of Gorham.''

The object of this bill can be accomplished under the pro-
visions of the Code of Civil Procedure relating to proceedings
to change the name of a corporation.

(Signed) CHARLES E. HUGHES.

Providing for an Increase of the Amount Allowed to be
Expended by the Receiver of Taxes and Assessments
of Saratoga Springs

State of New York — Executive Chamber.

Albany, April 9, 1908.
To the Senate:

I return herewith, without my approval, Senate Bill No. 882,
entitled "An act to amend chapter three hundred and twenty-
three of the laws of eighteen hundred and seventy-two, en-
titled 'An act authorizing the election of a receiver of taxes

61

62 Public Papers of Governor Hughes

and assessments for the town and village of Saratoga
Springs.' " i

This bill provides for an increase in the amount allowed to
be expended by the receiver of taxes and assessments for the
town and village of Saratoga Springs, and provides for the
distribution of the fund in his hands over and above salary
and expenses.

If there is to be any change in the act sought to be amended
by this bill, it should leave the determination of the amount to
be allowed the receiver to the local authorities.

(Signed) CHARLES E. HUGHES.

Increasing the Salary of the City Engineer in Cities of
the Second Class

State of New York — Executive Chamber.

Albany, April 17, 1908.
To the Assembly:

I return herewith, without my approval, Assembly Bill No.
473, entitled "An act to amend the uniform charter of cities
of the second class, relative to the salary of city engineer."

This bill amends section 16 of the second class cities char-
ter so as to provide for an increase in the salary of the city
engineer in cities of a certain population. Another bill, how-
ever (Senate Bill No. 877), has been passed, amending the
same section so as to provide that the board of estimate and
apportionment, in a specified manner, may increase or reduce
the salaries of the corporation counsel and city engineer, re-
spectively, with the approval of the common council. It is
evident that both these bills cannot become laws. And as the
Senate bill is of general application and provides a method
by which the salaries in question can be raised through the
proper action of the local authorities, I have decided to ap-
prove it and withhold my approval from this bill.

(Signed) CHARLES E. HUGHES.

Vetoes 63

Permitting an Increase in the Salary of the Court Crier
of Oneida County

State of New York — Executive Chamber.

Albany, April 17, 1908.
To the Assembly:

I return herewith, without my approval, Assembly Bill No.
895 (Senate reprint No. 832), entitled "An act to amend the
code of civil procedure, relating to court crier in the county
of Oneida."

This bill, provides in effect that the compensation of the
crier in Oneida county shall be fixed by the board of super-
visors at a sum not to exceed $900 a year. The County Law
provides generally for the compensation of court criers, and
if this is to be changed the matter should be left, by suitable
amendment, to the local authorities* The practice of legislat-
ing specially on this subject with regard to particular coun-
ties should not be encouraged. This bill is objectionable upon
this ground, and also because it, for practical purposes, fixes
the compensation. Experience shows that the compensation
actually allowed under legislation of. this sort is the amount
provided for as the maximum, and if it becomes advisable to
increase the compensation further special legislation becomes
necessary. The preferable course is to leave the matter by
appropriate general law to the local board which is responsible
to the community for the expenditure of the public moneys.
(Signed) CHARLES E. HUGHES.

Providing for the Release of the Interest of the State in
Certain Escheated Property to Christine Zons

State of New York — Executive Chamber.

Albany, April 21, 1908.
To the Assembly:

I return herewith, without my approval, Assembly Bill No.
490, entitled "An act to release to Christine Zons, all right,

64 Public Papers of Governor Hughes

title and interest of the people of the state of New York, in
and to certain real estate situated in the borough of Queens,
city of New York, county of Queens, state of New York,
acquired by escheat or otherwise, upon the death of Patrick
Campbell."

This bill provides for a release of the interest of the State
in certain escheated property.' The Public Lands Law pro-
vides a method by which the Commissioners of the Land
Office may grant releases in cases of escheat. Applications of
this sort should be made under the general law, and if that
law fails to meet cases which should be brought within its pur-
view it should be amended. There is no justification for spe-
cial legislation of this character.

(Signed) CHARLES E. HUGHES.

Amending the Railroad Law in Relation to Installing
Water Closets

State of New York — Executive Chamber.

Albany, April 22, 1908.
To the Senate:

I return herewith, without my approval, Senate Bill No.
577 (Assembly reprint No. 1872), en titled "An act to amend the
railroad law, in relation to installing water closets on cars of
certain steam surface and street railroads and at stations, and
providing penalties."

This bill provides among other things that it shall not be
lawful for any steam surface or street railroad corporation to
use or operate any closed passenger car seating more than
forty-five passengers for a distance continuously twenty-five
miles or more, the greater part of which shall be over a pri-
vate right of way unless the car is equipped with at least one
suitable water closet.

The general purpose of the bill may be commendable, but in
this form it is clearly objectionable. There would seem to be
no reason why the convenience should be provided for a car
seating forty-five passengers and not for one seating a less

Vetoes • 65

number. In many cases the corporation affected might es-
cape the additional expense by removing a few seats and
thus increase the discomfort rather than add to the conveni-
ence of the traveling public.

The bill applies to a street railroad corporation the greater
part of the prescribed route of which is over a private right
of way. This assumes that a large part of the route may be
in streets of villages and cities and along public highways.
The objection, to the use of water closets in such cases is
sufficiently obvious. This bill does not contemplate the lock-
ing of the closet during any portion of the route, for if this
were permissible it might be closed altogether and render the
statute of no effect. It would seem that this is a matter
which can be dealt with, wherever advisable, under suit-
able regulations through the action of the Public Service
Commission.

(Signed) CHARLES E. HUGHES.

Amending the Code of Civil Procedure in Relation to
Adjournments Where an Attorney is a Member of
the Legislature

State of New York — Executive Chamber.

Albany, April 22, 1908.
To the Senate:

I return herewith, without my approval, Senate Bill No. 484,
entitled "An act to amend the cede of civil procedure, in
relation to adjournments where an attorney is a member of
the legislature."

The bill provides that upon the trial or hearing of an action
or proceeding in which an attorney of record is a member
of the Legislature and it appears that he is actually engaged
in attendance upon legislative duties it shall be adjourned for
at least one week and may -thereafter be adjourned to such
date as will meet the convenience of such attorney and not
interfere with his duties as a member of the Legislature.

3

66 Public Papers of Governor Hughes

This would open the door to grave abuses. It will be
noticed that the provision relates to adjournment upon a trial
or hearing. It makes compulsory an adjournment of at least
a week by the simple expedient of making a member of the
Legislature an attorney of record. It also explicitly author-
izes adjournments which might tie up litigation during an
entire legislative session.

The matter of adjournments of legal proceedings should
be left generally to the courts to be provided for by suitable
rules, and the delays of litigation should not be increased by
an enactment of this character.

(Signed) CHARLES E. HUGHES.

VETO MEMORANDA
Statement of Appropriations

State of New York — Executive Chamber.

Albany, May 22, 1908.
Memorandum filed with Assembly Bill No. 2314, entitled
"An act making appropriations for certain expenses of gov-
ernment and supplying deficiencies in former appropriations."

The total appropriations, according to the

Comptroller's statement (exclusive of canal

and highway sinking-funds and highway im-
provement fund), which have been made by

the Legislature this year amount to $29,593,872 14

Bills and items disallowed by me

amount to $609,041 65

Of this, the following amount

for building on the Comstock

site was a reappropriation. . . . 50,000 00

559>04i 65

Leaving a total of $29,034,830 49

Vetoes 67

As compared with the appropri-
ations of 1907 $28,867,855 46

This shows an increase of $166,975 03

Among the appropriations this year for special purposes are
the following, amounting to :

Manufacturers and Liberal Arts Building,

State Fair $220,000 00

White Plains Armory 75,ooo 00

State Farm for Women 100,000 00

Boys' Training School site 125,000 00

Secondary ■ Agricultural schools at Alfred

University and Morrisville 100,000 00

Eastern New York Custodial Asylum 188,575 00

Making a total of $808,575 °°

The appropriation bills were framed with particular care,
and the members of the committees having these matters in
charge deserve high commendation for their fidelity in safe-
guarding the interests of the State.

, (Signed) CHARLES E. HUGHES.

The Annual Appropriation Bill, Items Vetoed

State of New York — Executive Chamber.

Albany, May 22, 1908.

Statement of items of appropriation objected to and not
approved, contained in Assembly Bill No. 2313, entitled "An
act making appropriations for the support of government."

Not Approved.

The following items, contained in Assembly Bill -No. 2313,
entitled "An act making appropriations for the support of

68 Public Papers of Governor Hughes

government," are hereby objected to and not approved for the
reasons hereinafter stated:

On Pages 60 and 61, Under Head of State Department of

Excise.

" Rebates.

" For the payment of rebates on surrender of liquor tax
certificates, under the provisions of the liquor tax law, three
hundred thousand dollars ($300,000), or so much thereof as
may be necessary."

In view of the change of the excise year this appropria-
tion is unnecessarily large. Not more than one-third of the
amount will be required. I have recommended to the extraor-
dinary session of the Legislature that a suitable appropriation
be made.

On Page 69, Under the Head of Forest, Fish and Game
Commission.

" Shell Fish Department.
" third grade, two employees, one thousand two hundred
dollars ($1,200)."

This is unnecessary.

On Page 94, Under the Head of Printing.

" * * * together with the unexpended balances of any
appropriations heretofore made for legislative printing, which
are hereby reappropriated for the same purpose."

This appropriation is not made in accordance with article
III, section 21 of the Constitution.

(Signed) CHARLES E. HUGHES.

Vetoes 69

The Annual Supply Bill, Items Vetoed

State of New York — -Executive Chamber.*

Albany, May 22, 1908.

Statement of items of appropriation objected to and not
approved, contained ,in Assembly Bill No. 2314, entitled "An
act making appropriations for certain expenses of government
and supplying deficiencies in former appropriations."

Not Approved.

The following items, contained in Assembly Bill No. 2314,
entitled "An act making appropriations for certain expenses
of government and supplying deficiencies in former appropri-
ations," are hereby objected to and not approved for the rea-
sons hereinafter stated:

On Pages 11 and 12, Under the Head of Comptroller.

" Bureau of Highways.

" For the salaries for the fiscal year beginning October first,
nineteen hundred eight:

" Of the chief of the bureau two thousand five hundred
dollars ($2,500) ;

" Eighth grade, one employee, one thousand eight hundred
dollars ($1,800) ;

"Fifth grade, one employee, nine hundred dollars ($900)."

These items of appropriation for the next fiscal year have
no proper place in the supply bill. The appropriation bill
carries the salaries of two employees for this bureau.

On Pages 46 and 47, Under the Head of Insurance
Department.

"For the establishment of a bureau for mutual fire in-
surance companies admitted to do business in this state:

" for the salaries of the employees to the first day of Octo-
ber, nineteen hundred nine, as follows :

7o Public Papers of Governor Hughes

" one employee at one thousand eight hundred dollars per
year, two thousand five hundred fifty dollars ($2,550) ;

" three employees at one thousand five hundred dollars per
year each, six thousand three hundred seventy-five dollars

($6,375) ;

" one employee at one thousand dollars per year, one thou-
sand four hundred sixteen dollars sixty-five cents ($1,416.65) ;

"for furniture, books, binding, blanks and stationery, two
thousand dollars ($2,000) ;

" for printing additional volume of insurance report, one
thousand eight hundred dollars ($1,800), or so much thereof
as may be necessary."

I have disapproved Assembly Bill No. 2165 with regard to
the admission of mutual fire insurance companies of other
States to do business within this State, which would have
made these items of the supply bill appropriate, and hence
these items are not approved.

On Page 51, Under the Head of State Commission in Lunacy.
" For the preparation of plans and construction of one build-
ing at Comstock and for the installation of a system of
water supply and sewage, which work shall be commenced
as soon as conditions are favorable, fifty thousand dollars
(re. $50,000), which amount is reappropriated from the un-
expended balance of appropriation for the preparation of
, plans and the construction of one building at Comstock, made
by chapter six hundred eighty-six, laws of nineteen hundred
six."

This is a mandatory provision that work shall be begun for
the erection of a hospital for the insane at Gomstock. The
advisability of using the Comstock site for this purpose has
been a matter of controversy, and the weight of opinion is
decidedly against it.

The site at Comstock may, in my judgment, be made avail-
able for other purposes, and it would be unwise now to erect
a State hospital at that place, in view of the distribution of

Vetoes 71

population and the demand for increased hospital accommo-
dations in the southeastern part of the State.

On Page 69, Under the Head of Department of Public Works.
" For rebuilding the state dam across the Black river at
Carthage, the sum of fifteen thousand dollars ($15,000), or
so much thereof as may be necessary, but no part of the above
appropriation shall be available except for plans, specifica-
tions and advertising until a contract for the completion of
the work herein authorized shall have been duly made by
the superintendent of public works with a responsible bid-
der and the performance thereof duly secured by a sufficient
bond approved by the comptroller, which contract shall guar-
antee to the state that no further demand or claim shall be
made against the state for the completion of the same in
excess of the sum hereby appropriated, and upon the fur-
ther condition that the plans. shall not permit the raising of
the water above the present flow line."

This dam should be rebuilt under a suitable agreement by
which those who will largely benefit from its construction will
bear a proper share of the expense. The above item hints
at thjs course in its suggestion of a contract which will guar-
antee the State that no demand shall be made for the com-
pletion of the work in excess of the sum thereby appropri-
ated. But the matter is not put in such form as to give proper
assurance to the State. If such a guarantee is to be relied
upon, and others are to bear an agreed portion of the expense
for the construction of the dam, more definite provision
should be made.

On Page 6g, Under the Head of Department of Public Works.
" For improving defective drainage conditions on the lake
level of the Chemung canal between the village of Watkins
and Montour Falls and on Catherine creek and its .tributaries
at Montour Falls, twenty-five thousand dollars ($25,000), or
so much' thereof as may be necessary, but in event of a change
in the channel of Catherine creek or its tributaries, such

72 Public Papers of Governor Hughes

changes shall not be made until the property owners affected
thereby shall release the State from any and all damage which
may result therefrom."

In view of the uncertainty as to the nature and extent of
the work required to provide adequate and permanent relief,
I agree with the recommendation made by the Superintendent
of Public Works that before the work is undertaken a proper
'preliminary study be made and suitable plans of improvement
formulated. The Superintendent of Public Works in his re-
port to me upon this matter says : " My own judgment is
that this proposed appropriation would not be sufficient to
accomplish permanent good though it might temporarily ben-
efit a few individual landowners.

"When this and other proposed appropriations were pend-
ing I stated to the Legislature that in my judgment the best
course for the State to pursue. was to provide a small appro-
priation to be devoted to a study of conditions and the mak-
ing of plans which would result in permanent relief to the
territory affected and thus secure immunity for the State
from future complaints and damage.

" I am still of the opinion that this is the only sensible
course to pursue, and I am further of the opinion that even
such a study might result in indicating that the economical
course for the State to pursue would be to appropriate such
of the land as the State could be justly held to be responsible
for damaging."

On Page 23, Under the Head of Department of Agriculture.
" For five thousand sets of the Apples of New York, con-
stituting a part of the report of the commissioner of agricul-
ture for the year nineteen hundred four, of which ten sets
shall be delivered to each member of assembly and twenty
sets to each senator, and the balance to the commissioner of
agriculture, ten thousand dollars ($10,000), or so much thereof
as may be necessary, payable from any appropriation avail-
able for legislative printing."

Vetoes 73

On Page 35, Under the Head of Department of Excise.

" For rebates on surrender of liquor tax certificates, under
the provisions of the liquor tax law, forty thousand dollars
($40,000)."

On Page 67, Under the Plead of Department of Public Works.
" For cleaning out the state ditch or creek, running from
the Aikens' lands through the village of South Butler, in the
town of Butler, in the county of Wayne, and emptying into
Crusoe lake, in such county, two thousand five hundred dol-
lars ($2,500), or so much thereof as may be necessary."

On Page 68, Under the Head of Department of Public Works.

" For cleaning, draining and changing the channel of
Catherine creek, in Chemung county, New York, between the
village of Millport and the village, of Horseheads, in said
county, five thousand dollars ($5,000), or so much thereof as
may be necessary, said work to be progressed by the super-
intendent of public works at as early a date as conditions
make favorable."

" For the erection of bridge over the Racquette river upon
the St. Regis Indian Reservation, twenty thousand dollars
($20,000), or so much thereof as may be necessary."

" For improving that portion of the highway in the town of
Edinburg, county of Saratoga, known as 'Glass Mountain
Road,' which passes for several miles through lands owned^
wholly or in part by the State of New York, one thousand
dollars ($1,000), or so much thereof as may be necessary."

On Page 70, Under the Head of Department of Public

Works.

" For constructing a breakwater at Cranberry lake, in the
county of Saint Lawrence, five thousand 'dollars ($5,000),
or so much thereof as may be necessary."

On Page 71, Under the Head of Department of Public

Works.

" For removing stumps and dead timber and improving and
rendering safe the navigation of Big Tupper lake and Rac-

74 Public Papers of Governor Hughes

quette pond and the channel between, ten thousand dollars
($10,000), or so much thereof as may be necessary."

The foregoing items are objected to as unnecessary, or as
applying to cases not involving any obligation on the part
of the State.

(Signed) CHARLES E. HUGHES.

Making an Appropriation for the New York State Hos-
pital for the Care of Crippled and Deformed Children

State of New York — Executive Chamber.

' Albany, May 22, 1908.

Memorandum filed with Assembly Bill No. 1252 (Sen-
ate reprint No. n 64), entitled "An act making an appropria-
tion for the New York State Hospital for the Care of Crippled
and Deformied Children."

Not Approved.

This bill appropriates $100,000 for the construction of a
building, with appurtenances, as an addition to the New York
State Hospital for the Care of Crippled and Deformed Chil-
dren at West Haverstraw.

This is a most important charity and deserving of the ut-
. most encouragement. But some of the best friends of this
work have grave doubts as to the wisdom of adding to the
investment at the present location. And it is not advisable
that the appropriation provided for by this bill should be made
until the matter has had further consideration.

(Signed) CHARLES E. HUGHES.

Vetoes 75

Creating a Salary Classification Commission

State of New York — Executive Chamber.

Albany, May 22, 1908.
Memorandum filed with Assembly Bill No. 2025 (Sen-
ate reprint No. 1379), entitled "An act to amend the state
finance law, creating the salary classification commission and
making an appropriation therefor."

Not Approved.

I recommended in my annual message that, in order to ob-
tain desirable uniformity and to provide a method by which
any necessary changes might be effected with due regard to
the entire service of the State, provision should be made for
the classification and fixing of salaries in the prisons, in the
charitable institutions, and in the hospitals for the insane, by
a board of control, in which the respective classes of institu-
tions should have suitable representation.

The bill in question provides for a salary classification com-
mission. But it does not give the commission power to fix
salaries. On the contrary, the bill provides that the commis-
sion shall recommend to the Governor such changes in salaries
as may seem proper and that he shall transmit their report to
the Legislature with his recommendations. This would de-
volve upon the Legislature the burden of fixing by statute the
entire salary list in the various State institutions. This is
clearly objectionable. The Legislature, of course, must make
the necessary appropriations to pay salaries, and any board
having control of the matter under proper statutes would be
compelled to fix salaries so as to bring them within the gross
amounts allowed. But it is much better to commit the fixing
of the salary schedule in detail, and the making of the neces-
sary adjustments to secure reasonable harmony, to a board of
officers fairly representative and intimately acquainted with
the needs of the institutions than to make it necessary for the
salary, schedules to be acted on directly by the Legislature.

The course outlined by this bill I believe to be a serious
mistake in policy, and I, therefore, disapprove it.

(Signed) CHARLES E. HUGHES.

76 Public Papers of Governor Hughes

Authorizing an Appropriation for the Aurelia Osborn
Fox Memorial Hospital Society of Oneonta

State of New York — Executive Chamber.

Albany, May 23, 1908.

Memorandum filed with Assembly Bill No. 1783, enti-
tled "An act to amend chapter one hundred and three of the
laws of nineteen hundred and five, entitled 'An act authorizing
the town board of the town of Oneonta to appropriate certain
moneys to the Aurelia Osborn Fox Memorial Hospital Society
of Oneonta,' generally."

Not Approved.

This bill could not be signed because of its reference to the
city of Oneonta, whose charter had not yet gone into effect.
Regarding the bill as a city bill, it would be necessary to
transmit it to the city for approval, and this was impossible
as there was no city.

(Signed) CHARLES E. HUGHES.

Amending the Agricultural Law in Relation to the
Diseases of Domestic Animals

State of New York — Executive Chamber.

Albany, May 23, 1908.

Memorandum filed with Assembly Bill No. 2077, enti-
tled "An act to amend the agricultural law, in relation to the
diseases of domestic animals."

Not Approved.

The administrative provisions of this bill are not approved.
After consideration I am satisfied that it would be better to"
continue under the present law than to make the changes
which the bill proposes. The matter is a most important one
and requires further consideration.

Vetoes 77

So far as the increase of the amount to be paid for cattle is
concerned the provisions of the bill have not been supple-
mented .by adequate appropriations.

(Sighed) CHARLES E. HUGHES.

Providing a Three Platoon System of Police Service

State of New York — Executive Chamber.

Albany, May 20, 1908.

Memorandum filed with Assembly Bill No. 542, entitled
"An act to promote the health and efficiency of policemen in
cities of the first and second class."

Not Approved.

This bill provides for what is known as the three platoon
system of police service. It applies to cities of the first and
second class. But so far as Buffalo, Rochester, and Syracuse
are concerned, it does not effect any substantial change in
method, as I am informed that a three platoon system is now
in operation in each of these cities.

As to the other cities, the local administrations in New
York, Albany, Troy, and Yonkers oppose the bill.

I shall not undertake to deal with the merits of the three
platoon system. For that is not the question. If it is a
desirable method there is nothing which prevents any one of
the "cities affected by this bill from adopting.it. They have
ample authority for this purpose under the present law.

The feature of this bill which requires consideration, and
the only reason for its passage is, that by mandatory act of
the Legislature it would compel these cities to adopt a par-
ticular method of dividing the police force and of arranging
tours of duty without regard to the wishes of the citizens or
the judgment of the local officers who are responsible to the
citizens for the efficiency and proper conduct of their
departments. ,

78 Public Papers of Governor Hughes

This is unjustifiable. Unless we are to give up local gov-
ernment, or remove police administration entirely from local
control, the matters dealt with by this bill should be left to
the regulation of the local authorities.

(Signed) CHARLES E. HUGHES.

Designating the Twelfth Day of October as a Public
Holiday to Be Known as " Columbus Day "

•State of New York — Executive Chamber.

Albany, May 21, 1908.

Memorandum filed with Assembly Bill No. 161, entitled
"An act designating the twelfth day of October of each year as
a public holiday to be known as Columbus Day."

Not Approved.

This bill professes to create a new public holiday. But
in fact it will only create confusion and business embarrass-
ment. While the bill says that the 12th day of October
shall be classed as a legal holiday, it goes on to provide that
the act shall not be construed " to affect financial institutions "
(whatever that may mean) or " the taking or execution of
agreements or instruments in writing, or interfere with judi-
cial proceedings." In short it is not made a real holiday, and
what exactly it may be is not clearly defined. The vague
proviso unsettles the status of the day and would give rise to
business uncertainties for which there should be no room in
a commercial community. If it was intended to add Columbus
Day to the number of public holidays, the general law relating
to holidays should have been amended accordingly.

(Signed) CHARLES E. HUGHES.

Vetoes 79

Providing for the Free Transportation or at Reduced
Rates of Letter Carriers, Policemen, and Firemen on
Railroads

State of New York — Executive Chamber.

Albany, May 21, 1908.

Memorandum filed with Assembly Bill No. 500, entitled
"An act to amend the public service commissions law relative
to the carriage of letter carriers, policemen, and firemen."

Not Approved.

This bill amends the section of the law as to free passes so
as to provide that letter carriers, policemen, and firemen may
have transportation free or at reduced rates, " while in uni-
form." It is not limited to cases where they are on duty. In
those cases the Federal, State, and municipal governments
may arrange for such transportation under the existing law.
(Signed) CHARLES E.- HUGHES.

Providing for the Admission of Foreign Mutual Fire
Insurance Companies to do Business in the State

State of New York — Executive Chamber.

Albany, May 22, 1908.

Memorandum filed with Assembly Bill No. 2165, enti-
tled "An act to amend the insurance law to permit mutual
fire insurance companies or associations of other states to do
business within this state; to regulate th^e business done by
them; to tax the same; and to prohibit the insuring of prop-
erty located in this state in unauthorized companies."

Not Approved.

This bill provides for the admission of foreign mutual fire
insurance companies to do business in this State upon com-

80 Public Papers of Governor Hughes

plying with certain conditions, including the payment of a tax
of i per cent, upon gross premiums for the benefit of asso-
ciations of firemen.

It has long been the policy of the State to secure to volun-
teer firemen the proceeds of a tax on fire insurance premiums
in recognition of the important public services which the fire-
men render. It appears that (owing to the extent to which
so-called factory mutual fire insurance companies organized
in other states write insurance upon property within this State
without being admitted to do business here) the amount re-
ceived from this tax has considerably been diminished. And
the purpose of this bill is to facilitate the admission of such
companies to do business within the State and thus to secure
the avails of a tax upon the premiums.

But there are fatal objections to this bill. While the intent
was to admit to this State certain companies of excellent stand-
ing, the bill is so drawn as to allow all mutual fire insurance
concerns to do business here, under a certificate of the Super-
intendent of Insurance, but without proper safeguards.

Thus it is made mandatory upon the Superintendent of
Insurance to permit a foreign mutual fire insurance company
to transact business within this State without other safeguard
as to its resources than an affidavit that it maintains a reserve
fund equal to 50 per cent, of its unearned premiums. This
is obviously insufficient. Other companies doing business here
are charged, in estimating their liabilities, with a sum equal to
the total unearned premiums on the policies in force. And
stock companies from other states, in common with our own,
are required to have a capital of not less than $200,000.
It is impossible to avoid the conclusion that this statute would
throw our State open to companies without proper financial
responsibility, to the great injury of our citizens. The bill
provides that after one year the Superintendent of Insurance
shall renew the authority if he is satisfied that the company
may be trusted. But he has no discretion as to the first year,
if the required papers are filed and the fee of $50 is paid,
and his action during subsequent years would not improb-
ably be governed by regard to the conditions which the Leg-
islature itself had imposed for original admission.

Vetoes 8i

Assuming that it is advisable to admit mutual companies
from other states, we must not be" so solicitous to secure the
advantages of having the safe companies come in that we
shall open the door to all sorts of irresponsible concerns and
invite them to prey upon the public.

The bill further provides that no corporation organized
or doing business within this State, and no partnership, shall
" suffer or permit its property to be insured " in any foreign
mutual fire insurance company which has not been admitted
to do business within this State, unless it shows (in a pre-
scribed manner) that it has been unable to obtain its insur-
ance from mutual companies lawfully doing business here. In
other words, the members of a New York firm are made
guilty of a misdemeanor if they make a contract in Massa-
chusetts with a Massachusetts corporation for the insurance
of their property in this State, unless they comply with the
prescribed conditions. This is plainly unconstitutional. It
has nothing to do with the restrictions which the Legislature
has a right to impose to prevent foreign companies, their
agents, or brokers, from doing an unauthorized business in
this State. That is a different matter. The bill undertakes
to deal directly with concerns insuring their property and
entitled to make contracts for that purpose in other states
with companies there lawfully doing business. The provision
was doubtless regarded as essential to the purpose of the bill,
because the object is two-fold, to wit, to have the foreign
mutual companies come into the State, and to prevent New
York concerns from insuring in them if they do not.

However desirable it may be to secure adequate support for
our firemen's organizations, that result manifestly cannot be
attained by a measure of this sort, which in the scope, of its
restrictions plainly transcends constitutional limits.

(Signed) CHARLES E. HUGHES.

82 Public Papers of Governor Hughes

Amending the Insurance Law in Relation to Provisions
in Contracts or Policies of Insurance for the Ap=
pointment of an Umpire

State of New York — Executive Chamber.

Albany, May 23, 1908.
Memorandum filed with Assembly Bill No. 1752, en-
titled "An act to amend the insurance law in relation to pro-
visions in contracts or policies of insurance for the appoint-
ment of an umpire."

Not Approved.

The section the bill adds to the law is improperly numbered.
It purports to relate to all contracts without regard to whether
they are made within or without. the State. Apparently it
makes no distinction between contracts heretofore made and
those which may be hereafter made. In its present form it will
give rise to misunderstandings and unnecessary litigation.
Moreover, we have a standard form of fire policy, and if it
h desired to amend this the amendment should be made in
an appropriate manner. The policy should contain the entire
contract between the parties.

(Signed) CHARLES E. HUGHES.

Authorizing Insurance Companies to Increase Their Out*
lays for Procuring New Business

State of New York — Executive Chamber.

Albany, May 23, 1908.

Memorandum filed with Assembly Bill No. 2054, en-
titled "An act to amend section ninety-seven of chapter six
hundred and ninety of the laws of eighteen hundred and
ninety-two, entitled 'An act in relation to insurance corpora-
tions, constituting chapter thirty-eight of the general laws,

Vetoes 83

as added by chapter three hundred and twenty-six of the
laws of nineteen hundred and six, in relation to limitations
of expenses."

#
Not Approved.

The principal purpose of this bill is to authorize insurance
companies to increase their outlays for procuring new busi-
ness. It is proposed that the amount available under the law
for this purpose shall not be charged with the amounts ex-
pended for medical examinations and for inspection of pro-
posed risks. This cannot be justified, as it would permit un-
warrantable outlays and facilitate a return to the injurious
conditions of past years.

The inadvisability of this change without some compen-
sating restriction is recognized in the bill itself. For it pro-
poses to limit first-year commissions to 50 per cent, of the
premium. This restriction, however, is illusory and not real.
For the bill does not prevent the expenditure in other ways
of the moneys which it makes available. It is not simply the
rate of commissions in which the policyholders are interested,
but the amount which is actually paid out under any form of
compensation in the effort to obtain new business. The bill
must, therefore, be regarded as authorizing, in addition to
what is now allowed by law, the expenditure of an amount
equal to the medical fees. And this I believe- to be unwise.

The present law prohibits bonuses, prizes, and additional
compensation " based upon the volume. of any new or renewed
business or the aggregate of policies written or paid for." It
is proposed to amend this by inserting an exception so that the
clause will prohibit such bonuses and all increased compensa-
tion " based upon the volume of any new business or the
aggregate of policies written or paid for, except increased or
additional commissions or compensation on renewed business
within the limitations set forth " in the section. The abuses
which had arisen through the promise of bonuses and rewards '
of various sorts for obtaining a given amount of business made
it advisable to impose the present restrictions. No sufficient
reason appears for a change in this policy and in any event

84 Public Papers of Governor Hughes

the amendment could not be approved in the ambiguous form
now proposed.

Nothing was more clearly revealed in the legislative investi-
gation of insurance conditions than the losses which had been
inflicted upon the policyholders by wastefulness and extrava-
gance in the rivalry to secure new business. Imposing totals
of the amount of business written and of premium income
were paraded before the public as evidence of successful man-
agement regardless of the fact that while reasonable acces-
sions are desirable, the pressure for new business at exorbitant
cost is a positive injury to the policyholders and makes serious
inroads upon the gains and accumulations to which they are
entitled. The true standards by which insurance management
must be tested were obscured. Those who desired to conduct
business upon an economical basis and with proper regard to
the interests of the policyholders were driven by the stress
of competition to outlays which they did not approve. It was
apparent that while an increased public interest might enforce
economies for a time, there would be almost inevitably a recur-
rence of these conditions if the business were not placed under
suitable restrictions.

Consequently restrictions were imposed with regard to the
new business which might be written and the amount which
could be expended in obtaining it. These limitations are in
the interest of the companies themselves, and of the large
number of our people who depend upon prudent and con-
servative management for the protection of their homes. They
should not be changed hastily or without adequate opportu-
nity, with a proper range of experience for determining
wherein any Change may be advisable without paving the way
for a repetition of abuses. The present bill cannot be re-
garded as a mere corrective amendment for the purpose of
improving the law in a manner consistent with its purpose. It
must be tested by what it will permit, and not by what would
actually be done under it by conservative managers. The bill
itself gives an illustration of its possible effect by the con-
cluding amendment excepting from the provisions of the sec-
tion companies organized on the assessment plan which are

Vetoes 85

now doing business as level-premium companies with full
reserve. This amendment, I understand, was introduced to
save at least one company from the crippling effect of the
competition to which it would be subject if the larger com-
panies were afforded the opportunity of increasing their out-
lays as proposed.

Much has been said with regard to the reduced amount of
business written by the New York companies during the past
year in which the present, restrictions were operative. It is
unnecessary to attempt a statement of all the causes which
produced this result. It is desirable, of course, that new busi-
ness to a normal extent, based upon normal cost, should be
obtained. There is no sufficient reason to doubt that it will
be. But there are other matters which also must be taken
into consideration. It is useful to note the gains which have
resulted from economies and reduced pressure. Without
attempting within the limits of this memorandum a complete
comparative statement, a few significant facts may be men-
tioned.

In the case of the New York Life Insurance Company the
gains from loadings in 1906 amounted to $5,770,805. In 1907
they amounted to $7,394,545. In the case of the Mutual Life
Insurance Company the gains from loadings in 1906 amounted
to $2,927,767. In 1907 they were $4,175,711'. In the case of
the Equitable Life Assurance Society the gains from loadings
in 1906 amounted to $3,179,910. In 1907* they were $3,222,-
279. The comparison would be still more striking if it were
made with the years preceding 1906.

The gains from economical management have already been
reflected in largely increased amounts set apart for payment
in dividends, and the policyholders will reap large benefits
from the reduction of expenses. Proper conservatism will
vindicate itself, and the New York companies, as their im-
proved condition becomes known, will not suffer but rather
gain from comparison with those which operate more ex-
travagantly.

While I am desirous that insurance agents should receive
reasonable compensation and such rewards as regard for the

86 Public Papers of Governor Hughes

interest of the policyholders will justify, and that our New
York companies shall have the recognition and enjoy the con-
fidence which they deserve, I cannot approve the bill before
me, as I believe that its provisions are ill-advised, and that its
enactment would impair the safeguards which should protect
this important business.

(Signed) CHARLES E. HUGHES.

Amending the Tax Law in Relation to the Franchise Tax
on Corporations

State of New York — Executive Chamber.

Albany, May 23, 1908.

Memorandum filed with Senate Bill No. 1276, entitled
"An act to amend the tax law, in relation to the franchise tax
on corporations."

Not Approved.

While it would be advisable to clarify the existing law,
there are questions which would be raised under this bill that
might cause serious embarrassment.

(Signed) CHARLES E. HUGHES.

Amending the Tax Law in Relation to the Assessment
and Taxation of Special Franchises

State of New York — Executive Chamber.

Albany, May 23, 1908.

Memorandum, filed with Assembly Bill No. 2055 (Sen-
ate reprint No. 1299), entitled "An act to amend the tax law,
in relation to the assessment and taxation of special franchises,
reports to be made to the state board of tax commissioners,

Vetoes . 87

the review of such assessments and permitting local tax dis-
tricts affected to intervene and be made parties defendant in
proceedings to review the same."

Not Approved.

The general purpose of this bill is commendable, as it pro-
vides for notice to the municipalities in interest of the issuance
of writs of certiorari to review assessments of special fran-
chises, and provides for intervention of the municipality as a
matter of right.

But there is another provision in the bill which makes it
necessary to disapprove- it. It provides that all reports made
to the State Board of Tax Commissioners shall be subject to
the inspection of the corporation counsel or other local repre-
sentative of any municipality or other tax district in interest,
" but shall not be open to the' inspection of any other person
not connected with such board nor be used except for the
purposes of the Tax Law and proceedings thereunder."

These reports are State records, verified on behalf of the
corporations, and their use for any proper public purpose
should not be restricted. This provision would preclude the
Public Service Commissions from availing themselves of these
reports in the course of their duties. Many other instances
anight be given of cases in which public officers other than
those mentioned in the bill should have access to these reports
for public purposes. I, therefore, disapprove the bill.

(Signed) CHARLES E. HUGHES.

Relative to Franchises of Railroads in New York

State of New York — Executive Chamber.

Albany, May 23, 1908. ,

Memorandum filed with Senate Bill No. 1298, entitled
"An act to amend chapter four of the laws of eighteen hun-
dred and ninety-one, entitled An act to provide for rapid •
transit railways in cities of over one million inhabitants,' rela-
tive to franchises and rates of fare."

88 Public Papers of Governor Hughes

Not. Approved.

Without passing upon the other questions presented, this
bill cannot be approved for the reason that it embodies pro-
visions relating to franchises for construction of rapid transit
railways which were contained in Assembly Bill No. 2232,
and the latter bill has been disapproved.

(Signed) CHARLES E. HUGHES.

Amending the Law Providing for Rapid Transit Rail=
ways in New York

State of New York — Executive Chamber.

Albany, May 23, 1908.

Memorandum filed with Assembly Bill No. 2232, en-
titled "An act to amend chapter four of the laws of eighteen
hundred and ninety-one, entitled 'An act to provide for rapid
transit railways in cities of over one- million inhabitants,'
generally."

Not Approved.

The salient feature of this bill is the provision for the sale
of the privilege or franchise to construct, maintain, and op-
erate rapid transit railways in the city of New York with the
reservation to the city of the right to purchase and take the
privilege or franchise and the plant and property of the
grantee at the expiration of a fixed period, which is not to
exceed fifty years. These railways, except in the case of
certain extensions of existing lines, cannot now be constructed,
save by the use of public moneys. The purpose of the bill is
to authorize construction also by private capital and thus to
provide additional transportation facilities which are greatly
needed.

It has been urged that such legislation is improper by rea-
son of the referendum of 1894 approving construction at
municipal expense. On the other hand it is said that this

Vetoes 89

referendum is not technically binding and should not be con-
sidered as morally binding with regard to the greater city, as
it was taken before the consolidation with Brooklyn, Queens,
and Richmond; and that the inhabitants of the original city
are not entitled to complain if the people through their repre-
sentatives provide for legislation adapted to the needs of the
greater city as a whole.

Without passing upon these points, I am convinced, after
careful consideration of the matter, that the plan proposed by
this bill is illusory and injurious. It is said that the bill
merely gives an alternative to the authorities for construction
by private capital and does not interfere with the right to
secure municipally constructed lines. But I believe it to be
practically certain that if this bill were to become a law there
would be no construction of consequence at public expense
until every available means to secure construction by private
capital had been exhausted. Unless private capital could be
induced to undertake construction, nothing would be gained
by the bill. The demand that the provisions of the bill should
be resorted to, and for consequent relief to the city, would
most probably interrupt the execution of plans which are feasi-
ble even under present conditions ; and if the efforts to secure
construction by private capital proved futile we should have
suffered serious delays in securing a proper settlement of this
great problem.

I do not think it likely that private capital could be induced
to construct upon the proposed terms. But it may be re-
garded as certain that if private capital could be induced to
construct under the provisions of this bill, it would demand
the most favorable tenms. We should not cherish any illu-
sions as to the prospects of competition in obtaining privileges
of this sort. Experience affords us no sufficient ground for
such expectation. It is idle to suppose that if the law per-
mitted the grant of a privilege for fifty years, private capital
would bid for the privilege on a basis of twenty-five years or
any period less than fifty years. And no reliance should be
placed upon the expectation that the authorities would refuse
to sell the privilege for a full term. It may be supposed that

90 Public Papers of Governor Hughes

they would favor a period of say twenty-five years. But it
would be most unlikely that if they could obtain no bidders on
this basis they would be able to refuse to offer a. longer term.
The- same arguments which are now pressed to secure the
enactment of the law would then be urged with double force
to secure the granting of all that the law permitted in order
to obtain the desired results. The fact that the law had been
passed with those provisions in it would clinch the argument.

This bill, therefore, in its main feature means that to have
additional rapid transit in New York we should give fifty-
year grants. I do not believe in that policy. The city should
not lose its control over its highways for rapid transit pur-
poses for such a period. Any one who reflects upon wfhat the
city was fifty years ago and upon what it is likely to become
in the course of the next fifty years must realize this.

It is most important that we should have a development
of transit facilities in New York city. There is nothing in
which I am more interested. But even on the improper terms
proposed I do not believe that this bill assures it, or gives
reasonable promise of it. On the contrary I believe that it
will postpone rapid transit development.

We need, in the first place, a better understanding of the
financial condition of the city. And the exact margin which
the city has within its debt limit should be ascertained as
promptly as possible and in a manner which will put the pres-
ent controversies at rest. We should know precisely where
the city stands and make our plans for the future in the light
of this knowledge. In connection with this, it is to be noted
that the Legislature has passed a concurrent resolution for an
amendment of the Constitution providing that indebtedness
incurred for rapid transit improvements should not. under
specified conditions be considered hi estimating the debt limit.
If this is again passed -by the next Legislature it can be
adopted in November, 1909. And it must not be forgotten
that with rapid transit lines, as with bridges, and other im-
provements facilitating communication, the benefits to the city
are not to be regarded as measured simply by the direct mone-
tary returns which it may receive. The great indirect benefits

Vetoes 91

in the building up of outlying territories and in the increase
of the value of the property within the city must be taken
into account in planning for comprehensive transit develop-
ment under proper conditions, and the advantage to the city
of lines', which from the standpoint of individual investment
in their construction might seem unprofitable, must be
recognized.

But to whatever extent it may be deemed advisable or
necessary that there should be construction by private capital,
it is clear that franchises must not be inconsiderately granted,
and that the law must not permit terms which we do not wish
to see yielded. I believe that with due consideration this
matter will be settled in the near future. But proper control
over the highways and public improvements of the city must
be reserved and we must not allow temporary exigencies to
force grants contrary to sound judgment and wise policy.

The present bill, with what amounts as I read it to a practi-
cal provision for fifty-year franchises, is thoroughly objec-
tionable. There are same other features of the bill which
have been criticised, but I do not think it necessary to discuss
them, as I cannot in any event approve it.

(Signed) CHARLES E. HUGHES.

Amending the Stock Corporation Law in Relation to
Merger of Corporations

State of New York — Executive Chamber.

Albany, May 23, 1908.

Memorandum filed with Senate Bill No. 1156, entitled "An
act to amend the stock corporation law, in relation to mer-
ger of corporations."

Not Approved.

This bill provides for an amendment to the Stock Corpora-
tion Law and relates to the conditions under which certain
railroad corporations may be merged or consolidated.

92 Public Papers of Governor Hughes

The bill is evidently intended to fit a special case, although
it is not frankly special, and justifiable as such, but is an
amendment to the general law with conditions which prevent
it from being generally applicable.

Thus the amendment applies only to corporations (i)
whose routes are mainly on private right of way; (2) when
such routes are each less than 100 miles in length; (3)
where the building of the roads has not been commenced or
they are only in part constructed, and (4) when each corpo-
ration has a terminus within a city of more than 1,000,000
inhabitants.

It would be difficult to suggest any ground of public policy
which requires that an amendment to the general law should
be hedged about in this manner, and the bill is an illustration
of a vicious practice which has been altogether too prevalent.

There are other objections to the bill. It provides in
effect that a merger or consolidation shall not take place un-
less all the stockholders agree to it either tacitly or expressly,
or are deemed to agree to it by reason of their failure to
deliver their stock after an appraisal of its value. The bill,
however, is defective in the working out of the scheme. It
provides for the deposit of the appraised value of the stock
with the treasurer of the corporation, and that if the stock-
holder does not deliver his stock to the treasurer within a
prescribed time he shall be deemed to consent to the merger.
But it gives no authority to the treasurer to pay, and makes
no provision for the payment of the appraised value to the
stockholder. Further, it requires the stockholder to deliver
his stock to the treasurer personally within ten days and no
provision is made for cases in which the delivery cannot be
made because the treasurer is absent or inaccessible.

However desirable it may be that the rights of minority
stockholders should be protected, this bill cannot.be approved.

(Signed) CHARLES E. HUGHES.

Vetoes 93

Amending the Railroad Law in Relation to the Number
of the Crew Required to Operate Light Engines

State of New York — Executive Chamber.

Albany, May 23, 1908.

Memorandum filed with Assembly Bill No. 1800, entitled
"An act to amend the railroad law, in relation to the number,
of the crew required for operating light engines."

Not Approved.

This bill provides as to the number which shall constitute
a crew for operating light engines. This matter falls within
the jurisdiction of the Public Service Commissions, and
wherever any abuse exists in the manning of trains or en-
gines it may be brought to their attention.

(Signed) CHARLES E. HUGHES.

Providing for a Five Cent Fare on Railroads, Other Than
a Steam or Trunk Line, Within Any City or Village
Unless the Public Service Commission Gives its Con=
sent to an Additional Fare

State of New York — Executive Chamber.

Albany, May 23, 1908.

Memorandum filed with Assembly Bill No. 1603, entitled
"An act to amend the railroad law in relation to the rate of
fare."

Not Approved.

This 'bill provides in effect that no railroad company (other
than a steam or trunk line railroad) shall charge more than
five cents for any continuous ride on the lines operated or
controlled by it within any city or village unless the Public

94 Public Papers of Governor Hughes

Service Commission shall give its consent to an additional
fare.

It is plainly intended to affect charges over existing lines.
It establishes a maximum rate of five cents without regard
to the length of the route or the reasonableness of such a
fare. In other words, it is an arbitrary maximum imposed
by legislative fiat. But it is clear that if the rate is not a
reasonable one and if the requirement would operate as a
confiscation of the company's property, the Legislature can-
not impose it. The attempt to enforce such a rate under
such circumstances would be abortive, as a successful appeal
could be made to the courts. It is idle to suppose that the
companies can be compelled to reduce their fares to five cents
merely because the Legislature says so.

Whether a five-cent fare is a fair one depends upon facts
and not upon sentiment, desire, or prejudice. Whether the
result be agreeable or disagreeable, it inevitably will be
reached only after the facts have been ascertained and con-
sidered. Justice requires this and under the Constitution the
requirement will Ibe enforced.

The proper way to deal with these matters is to provide
for investigation in which the whole subject can be consid-
ered, specious claims sifted out, and a result just both to the
corporations and to the public arrived at.

It may be said that the provision of this bill with regard
to the Public Service Commission has this effect. But this
is not the case. The bill provides for a flat rate of five cents
unless the Commission consents to a- higher fare. It does
not provide that the Commission shall ascertain or fix a just
and reasonable rate or that an increase shall be allowed be-
cause it is just and reasonable. Evidently the bill was drawn
not to give ithe Commission power to fix a just and reason-
able rate, but to fix a rate by statute with a provision for
appeal from the Legislature to the Commission and without
any proper indication of the -conditions under which the ap-
peal is to be heard.

This can only result in confusion, affording as it would
opportunity for protracted litigation over the validity of such

Vetoes 95

a statute and postponing the proper settlement of the real
question involved.

It is highly important that we should have transportation
in our cities at the lowest fair rates. It is desirable that in
New York city there should be low rates from the congested
quarters to the breathing spots in the outlying districts and
by the sea. The sure way, and the only way, to make real
progress in this direction is through the ascertainment of
the essential facts and the making of reasonable rates in
accordance with the faots. This bill is wrong in principle
and is not adapted to secure the desired result. I cannot
approve it.

(Signed) CHARLES E. HUGHES.

Extending the Time for the Completion of the New York
Canadian Pacific Railway

State of New York — Executive Chamber.

Albany, May 23, 1908.

Memorandum filed with Assembly Bill No. 970, entitled
"An act to extend the time for completion of the New York
Canadian Pacific Railway; and to extend the corporate ex-
istence of said company; and permitting the use of electric
as well as steam power."

Not Approved.

It appears that the New York Canadian Pacific Railway
was organized under the' corporate title of New York &
Albany Railroad Company in 1866. Various statutes have
been passed from time to time extending the time to con-
struct its railroad. But it has not been constructed. Two
years ago in connection with an application for an extension,
the Board of Railroad Commissioners strongly advised
against it. The company has had forty years to build its
load; and due regard for the policy of the State as defined
by the general law requires that this bill be disapproved.

(Signed) CHARLES E. HUGHES.

96 Public Papers of Governor Hughes

Extending the Time for the Albany & Schoharie Valley
Railroad Company to Commence and Complete the
Construction of Its Railroad

State of New York — Executive Chamber.

Albany, May 23, 1908.

Memorandum filed with Senate Bill No. 101, entitled "An
act to amend chapter six hundred and fifty-three of the laws
of nineteen hundred and six, entitled 'An act to extend the
time of the Albany and Schoharie Valley Railroad Company
to commence and complete the construction of its railroad,'
in relation to the time of such extension."

Not Approved.

The Albany & Schoharie Valley Railroad Company was
organized in the year 1895. It did not expend on construc-
tion 10 per cent, of its capital during the first five years of
its existence as required by law. It has obtained extensions
from time to time. When the last one was granted in 1906,
the Board of Railroad Commissioners in approving it rec-
ommended that no further extension should be given. And
no sufficient ground now appears for a further extension.
While the Legislature has power to extend the life of the
corporation, it should not be exercised except in rare in-
stances where it is clearly in the public interest. As the
Public Service Commission of the second district says,
" Bills of this character simply nullify a useful general law
of the State which should be enforced."

(Signed) CHARLES E. HUGHES.

Vetoes 97

Amending the Domestic Commerce Law in Relation to
Trade=marks

State of New York — Executive Chamber.

Albany, May 23, 1908.

Memorandum filed with Assembly Bill No. 1755, entitled
"An act to amend the domestic commerce law, in relation to
trade-marks."

Not Approved.

This bill in its present form places an unnecessary and un-
intended restriction upon the use of second-hand bottles, and
thus would injuriously aifect certain trades. The desired
protection against fraud and abuse of trade-miarks, labels, etc.,
can be gained by a statute whose scope is more carefully
defined.

(Signed) CHARLES E. HUGHES.

Prohibiting the Printing, More Than Once, Except for a
Judicial Office, of the Name of Any Person Nominated
for an Office

State of New York — Executive Chamber.

Albany, Ma} 23, 1908.

Memorandum filed with Senate Bill No. 103 1, entitled "An
act to amend the election law, relative to nomination for pub-
lic office."

Not Approved.

This bill provides that the name of a person nominated for
any office except a judicial office shall not be printed upon
the official general ballot for any election more than once
under the title of such office.

98 Public Papers of Governor Hughes

This measure is wholly indefensible. Undoubtedly one of
the criticisms of the present form of ballot is that candi-
date's names frequently appear in several columns, but the
remedy is to change the form of ballot and to abolish the
party column. In other words, we should have a simplified
ballot in which the names of the candidates for the respect-
ive offices should appear but once, grouped under the names
of the offices.

But as long- as we retain the present form of ballot with
its party columns, it would be a grave injustice to prohibit a
candidate's name from appearing in more than one column.

(Signed) CHARLES E. HUGHES.

Amending the Liquor Tax Law in Relation to Applica=
tions for Liquor Tax Certificates for Certain Prem=
ises Within 200 Feet of a Church or Schoolhouse

State of New York — Executive Chamber.

Albany, May 23, 1908.

Memorandum filed with Assembly Bill No. 2164, entitled
"An act to amend the liquor tax law, in relation to applica-
tions for liquor tax certificates for certain premises within
two hundred feet of a church or schoolhouse."

Not Approved.

This bill is defective. By a law passed at the last session,
subdivision 8, section 17 of the Liquor Tax Law was
amended with regard to the effect, of cancellation of licenses
by the insertion of a clause reading as follows : " or had suf-
fered or permitted any gambling in the place designated by
the liquor tax certificate as that in which <tihe traffic in liquors
was to be carried on, or in any yard, booth, garden or any
other place appertaining thereto or connected therewith."

In 'the present bill, which amends the same section", the
language of this clause is changed so as to read, " or had

Vetoes 99

suffered or permitted any gambling in (the place designated
by the liquor tax certificate as that in which the traffic in
liquor was to be carried on, or in any yard, booth, garden
or any other place thereby connected therewith."

The amendment in this form makes an important pro-
vision meaningless and cannot be approved.

Under the present law the traffic in liquors to be drunk
upon the premises is forbidden in places within 200 feet
of a church or schoolhouse. The policy of the law as to
places established before its enactment in 1896 is to provide
a free area so as to protect the immediate proximity of
churches and schoolhouses from such trafficking.

It is proposed by this bill to remove the existing prohibi-
tion where the trafficking in liquors has antedated the loca-
tion of the church or schoolhouse within the specified dis-
tance. This is especially urged as a measure affording
needed protection to reputable hotels and apartment-houses
having restaurants. But this amendment is not limited to
such cases. And there is no attempt by any appropriate de-
scription to confine its operation to those places which would
be covered by such an argument.

It is a broad amendment applicable without exception to
all saloons and places where liquor is drunk upon the prem-
ises. Unless the policy of the law is to be entirely aban-
doned, such an amendment cannot be approved. The saloon
cannot be permitted to take precedence ■ over the American
schoolhouse.

(Signed) CHARLES E. HUGHES.

roo Public Papers of Governor Hughes

Amending the Greater New York Charter Relative to the
Powers of the Commissioners of the Sinking Fund
to Cancel Taxes

State of New York- — Executive Chamber.

Albany, May 23, 1908.

Memorandum filed with Senate Bill No. 224 (Assembly
reprint No. 1391), entitled 'An act to amend the Greater
New York charter relative to the powers of the commission-
ers of the sinking fund of the city of New York, in their
discretion, to cancel and annul taxes, assessments, Croton
water rents, et cetera, in certain cases."

.Not Approved.

This bill provides that the commissioners of the sinking
fund of New York city, upon the certificate of the comp-
troller, may cancel taxes, assessments, water rates, and sales
which have become a lien against the real estate owned by
any charitable, religious, library, or education corporation. It
is most desirable that there should be a general law under
which this action can be taken by the local authorities, and
the repeated applications which have been made to the
Legislature for special acts in favor of particular claimants
should be rendered unnecessary. I have been strongly in
favor of this course and I regret that I cannot sign this bill.
It is not properly limited and under its terms taxes and
assessments could be canceled, although they had become
charges against the real estate before it was acquired by the
religious, charitable, or other corporation in question, and
hence the subject of consideration in determining the pur-
chase price. The bill simply provides that the cancellation
may be granted provided the corporation, at the time of filing
it? application, is entitled to the exemption of such real
estate from local taxation. The provision should have been
so framed as to provide for proper cancellation of liens
for taxes and assessments charged against the property after
the acquisition by the corporations described.

(Signed) CHARLES E. HUGHES.

Vetoes ioi

Exempting Employees of the New York Board of Elec=
tions from the Civil Service Law as to Competitive
Examinations

State of New York- — -Executive Chamber.

Albany, May 23, 1908.

Memorandum filed with Assembly Bill No. 2196, entitled
"An act to amend the election law, generally."

Not Approved.

This bill, among other things, provides' that " all employees
of the board of elections of the city of New York are hereby
declared to be election officers." The object is to exempt
all employees of the board of elections from the applica j
tion of the Civil Service Law as to competitive examina-
tions. There would seem to be no sufficient reason for an
exemption of this scope.

(Signed) CHARLES E. HUGHES.

Concerning a Harbor at Syracuse

State of New York — Executive Chamber.

Albany, May 23, 1908.

Memorandum filed with Assembly Bill No. 2284, entitled
"An act to amend chapter one hundred and forty-seven of
the laws of nineteen hundred and three, entitled 'An act
making provision for issuing bonds to the amount of not
to exceed one hundred and one million dollars for the im-
provement of the Erie canal, the Oswego canal and the
Champlain canal, and providing for a submission of the same
to the people to be voted upon at the general election to be
held in the year nineteen hundred and three,' relative to
the harbor at Syracuse."

102 Public Papers of Governor Hughes

Not Approved.

The purpose of this bill is to_ provide larger harbor facili-
ties at Syracuse in connection with the barge canal. The
bill, however, cannot be signed. For as passed it affects
the route of the canal by making it to run " to the mouth of
the Clyde river " instead of " to near the mouth of the Clyde
river " as under the present law. This was evidently
through an inadvertent dropping of a word, as the amend-
ment was not indicated in the printed bill. I am advised by
the Superintendent of Public- Works that this omission is
material and that the word " near " had been purposely
used in the present law in order to give the engineer the
desired latitude in selecting the point of departure from the
Seneca river.

(Signed) CHARLES E. HUGHES.

Making the Office of County Clerk of Sullivan County a
Salaried Office

State of New York — Executive Chamber.

Albany, May 23, 1908.

Memorandum filed with Assembly Bill No. 2266, entitled
"An act to amend chapter four hundred and forty of the
laws of eighteen hundred and ninety-seven, entitled 'An
act to make the office of county clerk of Sullivan county a
salaried office, and to regulate the management of said
office,' generally."

Not Approved.

Where the office of county clerk is a salaried office, it
seems to me desirable that all fees, including fees for
searches, should be turned over to the county. The mat-
ter of fixing and changing the compensation of the county
clerk should be committed to the board of supervisors.

(Signed) CHARLES E. HUGHES.

Vetoes 103

Authorizing the Election of a Receiver of Taxes and
Assessments for Saratoga Springs

State of New York — Executive Chamber.

Albany, -May 23, 1908.

Memorandum filed with Assembly Bill No. 2226, enti-
tled "An act to amend cKapter three hundred and twenty-
three of the laws of eighteen hundred and seventy-two, enti-
tled 'An act authorizing the election of a receiver of taxes
and assessments for the town and village of Saratoga
Springs,' generally."

Not Approved.

A bill substantially the same as this was vetoed during the
session.

(Signed) CHARLES E. HUGHES.

Amending the Village Law in Relation to the General
Powers of the Board of Trustees

State of New York — Executive Chamber.

Albany, May 23, 1908.
Memorandum filed with Senate Bill No. 1370, entitled
"An act to amend the village law, in relation to the general
p'owers of the board of trustees, and the borrowing of money
for certain purposes."

Not Approved.

This bill conflicts with Assembly Bill No. 1761, which has
been approved.

(Signed) CHARLES E. HUGHES.

104 Public Papers of Governor Hughes

Permitting the Eastern New York Holiness Association
to Sell Its Real Property for Camp Sites

State of New York — Executive Chamber.

Albany, May 23, 1908.

Memorandum filed with Assembly Bill No. 1575, en-
titled "An act to permit the Eastern New York Holiness
Association, to sell, lease, and convey its real property for
camp sites."

Not Approved.

This corporation was organized under the Membership
Corporations Law. The bill proposes to give it a special
privilege. If it be advisable that corporations of this charac-
ter should have this power conferred upon them, it should
be by amendment of the general law.

(Signed) ' CHARLES E. HUGHES.

Abolishing a Railway Crossing at Brown Street in the
City of Rochester

State of New York — Executive Chamber.

Albany, May 23, 1908.

Memorandum filed with Assembly Bill No. 873, enti-
tled "An act to abolish the grade crossing of the New York
Central and Hudson River Railroad and the Buffalo, Roches-
ter and Pittsburgh Railroad at Brown street in the city of
Rochester."

Not Approved.

This bill has not been approved for the reason that it is a
special city bill and was not returned within the time specified
in the Constitution.

(Signed) CHARLES E. HUGHES.

Vetoes 105

Confirming Certain Grants or Patents of Land Under the
Navigable Waters of the State

State of New York — Executive Chamber.

Albany, May 23, 1908.

Memorandum filed with Assembly Bill No. 251, entitled
"An act to confirm certain grants or patents of land under
the navigable waters of the state."

Not Approved.

This bill in its present form is too broad. It might unjustly
affect cases which are not intended to come within its purview.

(Signed) CHARLES E. HUGHES.

Conferring Jurisdiction upon the Court of Claims to
Determine Special Cases or Providing for the Relief
of Particular Individuals

State of New York — Executive Chamber.

Albany, May 23, 1908.

Memorandum filed with bills specified below.

Not Approved.

The following bills conferring jurisdiction upon the Court
of Claims to determine special cases or providing for the re-
lief of particular individuals are disapproved. If the gen-
eral law is not adequate it should be amended, provided that
considerations of general policy admit qf such amendment.

Assembly Bill No. 1348 (Senate reprint No. 1245), enti-
tled "An act to confer jurisdiction upon the court of claims
to hear, audit and determine the alleged claim of Zina Cool-
tein against the state of New York, for damages alleged to
have been sustained by her from bullets fired by the militia-men
of the state of New York while said militia-men were engaged

106 Public Papers of Governor Hughes

in infantry practice at the state rifle range at Creedmoor, on
or about the seventeenth day of May, nineteen hundred and
seven, and to render judgment therefor."

Assembly Bill No. 1156 (Senate reprint No. 1239), enti-
tled "An act to confer jurisdiction upon the court of claims
to hear, audit and determine the alleged claim of Rosalia Inda,
as executor of the last will and testament of Peter Inda, de-
ceased, against the state of New York, for damages for the
death of said Peter Inda, and the claims and each thereof
of Alonzo E. Burks, Clara G. Burks and Veronica Olszewski,
for damages by reason of physical injuries alleged to have
been sustained by them and each of them respectively on the
sixth day of July, nineteen hundred and seven, at and upon
the inclined railway, so-called, located on the New York state
reservation at Niagara Falls, Niagara county, New York, and
the claim of Alonzo E. Burks for loss of his wife's services
and moneys expended in her care and treatment, and to ren-
der judgment therefor."

Senate Bill No. 879, entitled "An act to confer jurisdiction
upon the court of claims to hear, audit and determine the al-
leged claim of Frances Truszkowska against the state of
New York for damages alleged to have been sustained by her
on the state reservation at Niagara 'on or about the fifth day
of July, nineteen hundred and three, and to render judgment
therefor."

Assembly Bill No. 1352 (Senate reprint No. 1241), enti-
tled "An act to confer jurisdiction upon the court of claims
to hear, audit and determine the alleged claim of the Albany
Towing Company against the state of New York, for dam-
ages alleged to have been sustained by said company by a
collision of tug boats at Troy locks, in Hudson river, and to
render judgment therefor."

Assembly Bill No. -2297, entitled "An act to confer juris-
diction upon the court of claims to hear, audit and determine
the alleged claim of Oliver A. Quayle against the state for
damages alleged to have been sustained by him and to render
judgment therefor.''

Assembly Bill No. 1351 (-Senate reprint No. 1244), enti-
tled "An act to confer jurisdiction upon the court of claims

Vetoes to?

to hear, audit and determine the alleged claim of John Dyer,
junior, against the state of New York, for damages alleged
to have been sustained by him on a contract for the erection
of a house for the warden of the Eastern New York Reform-
atory, and to render judgment therefor."

Assembly Bill No. 19x18, entitled "An act for the relief of
certain legatees and devisees under the last will and testa-
ment of Laureda J. Potter, deceased."

Assembly Bill No. 1093, entitled "An act for the relief of
certain employees of the sheriff of Kings county."

Assembly Bill No. 2265, entitled "An act authorizing the
board of estimate and apportionment of the city of New York
to hear and determine the application of William Ebling for
a refund of certain moneys paid upon an assessment for
street improvement, in the borough of Bronx."

Senate Bill No. 782 (Assembly reprint No. 2292), entitled
"An act to provide for the payment of an increased pension
to James F. Smith, a retired doorman of the police depart-
ment of the city of New York."

Assembly Bill No. 1124, entitled "An act to authorize the
comptroller of the state to hear and determine the application
of Everett R. Walker for the cancellation of tax sales made
in the years eighteen hundred and eighty-one and eighteen
hundred and eighty-five of lot fifty-three, Mayfield patent, in
Fulton county."

Assembly Bill No. 1209 (Senate reprint No. 1348), enti-
tled "An act conferring jurisdiction on the comptroller to
hear and determine an application to set aside certain tax
sales."

Senate Bill No. 188, entitled "An act to release to Emil
Riese, all the right, title and interest of the people of the state
of New York in and to certain real estate in the borough of
Brooklyn, city of New York, county of Kings and state of
New York."

Assembly Bill No. 1673, entitled "An act to release to Jenny
Leydet all the right, title and interest of the people of the
state of New York, in and to certain real estate situate in
the borough of Brooklyn, county of Kings and state of New
York."

108 Public Papers of Governor Hughes

Senate Bill No. 1151, entitled "An act to release to Eliza-
beth Ditchett, Emily I. Wright, Kate C. Clark and Mary L.
Watson all the right, title and interest of the people of the
state of New York in and to certain real estate situate in the
borough of the Bronx, city, county and state of New York.''

Assembly Bill No. 905, entitled "An act to release to John
Pollyino, all that right, title and interest of the people of the
state of New York, in and to certain real estate situate in
the town of Olive, county of Ulster, state of New York, ac-
quired by escheat or otherwise, upon the death of Mink
Delamater, Andrew Delamater and Gertrude Delamater."
(Signed) CHARLES E. HUGHES.

Making Changes in Salaries

State of New York — Executive Chamber.

Albany, I. lay 23, 1908.
Memorandum filed with bills specified below.

Not Approved.

The following bills are not approved for the reason that
they make changes in salaries which should be fixed under
appropriate provisions by the local authorities. Changes in
the maximum salaries allowed amount in practice to salary in-
creases and leave it necessary to have further legislation in
case further increases are desired. The local authorities
should have full control of the matter.

Assembly Bill No. 1058, entitled "An act to ataend chapter
six hundred and four of the laws of nineteen hundred and
six, entitled 'An act fixing the compensation of the superin-
tendent of the poor of the county of Erie, and of his sub-
ordinates.' "

Assembly Bill No. 528, entitled "An act to amend chapter
twenty-six of the laws of nineteen hundred and three, enti-
tled 'An act to make the office of sheriff of Essex county a
salaried office, in part, and to regulate the management
thereof,' in relation to the salary of jailor and turnkey."

Vetoes 109

Assembly Bill No. 2202, entitled "An act to amend chapter
one hundred and sixty of the laws of nineteen hundred, en-
titled An act to incorporate the city of Cortland,' relative to
salary of the chief of police and the number and salaries of
patrolmen."

Assembly Bill No. 1797, entitled 'An act to amend chapter
two hundred and eighteen of the laws of eighteen hundred
and eighty-four, entitled An act to regulate the commitment
and' discharge of certain prisoners, tramps and vagrants in
Albany county, and to prescribe the effect thereof, to provide
for the support of the prisoners in the jail in the city of
Albany and to fix the duties and compensation of the sheriff
of said county and of certain employees in the jail in said
county,' in relation to certain disbursements and the amounts
allowed as salaries for certain employees of the sheriff."

Senate Bill No. 1101, entitled 'An act to amend chapter
seventy-nine of the laws of eighteen hundred and eighty-three,
entitled An act to regulate the transaction of public business
in the county of Albany,' in relation to the transaction of
suoh business, and the compensation of clerks of the board of
supervisors."

Assembly Bill No. 1940 (Senate reprint No. 1334), entitled
"An act to amend the code of civil procedure, in relation to
the compensation of deputy sheriffs and constables attending
courts in the counties of Monroe, Saratoga and Delaware."

(Signed) CHARLES E. HUGHES.

Special City Bills Not Accepted by the Cities in Question

State of New York — Executive Chamber.

Albany, May 23, 1908.
Memorandum filed with bills specified below.

Not Approved.

The following bills have not been approved for the reason
that* they are special city bills and were not accepted by the
cities in question in accordance with the Constitution. These
bills are as follows:

no Public Papers of Governor Hughes

Senate Bill No. 1321, entitled "An act to authorize the city
of New Rochelle to borrow money by the issue of bonds for
the purpose of meeting temporary deficiencies."

Senate Bill No. 1078, entitled "An act to amend section five
of title four of chapter two hundred and three of the laws
of nineteen hundred and seven, entitled 'An act to revise and
amend the charter of the city of Newburgh, being chapter five
hundred and forty-one of the laws of eighteen hundred and
sixty-five, and the several acts amendatory thereof and sup-
plemental thereto.' "

Assembly Bill No. 2120, entitled "An act conferring discre-
tionary power and authority upon the common council and
mayor of the city of Buffalo to audit, adjust and allow cer-
tain claims for damages to property located in the city of Buf-
falo, caused by grade crossing improvements in said city, and
to authorize the issue of bonds of said city with which to pay
the same."

Assembly Bill No. 2258, entitled "An act to amend chapter
five hundred and eighty-six of the laws of nineteen hundred
and six, entitled 'An act to provide for a park commission
in and for the city of Syracuse.' "

Assembly Bill No. 2190, entitled "An act to amend section
one of chapter three hundred and thirty-five of the laws of
nineteen hundred and seven, entitled 'An act in relation to
certain grade crossings in the city of Utica,' in relation to the
effect of a decision thereunder."

Assembly Bill No. 2123, entitled "An act to amend the
election law, in regard to the number of electors to be con-
tained in an election' district in the city of New York."

Assembly Bill No. 1283, entitled "An act to amend chapter
four hundred and ten of the laws of eighteen hundred and
eighty-two, entitled 'An act to consolidate into one act and to
declare the special and local laws affecting public interests
in the city of New York,' in relation to compensation of
coroners' jurors and providing for the payment thereof."

Assembly Bill No. 2029, entitled "An act to amend the
Greater New York charter, in relation to the salaries and
employment of members of the uniformed force of the de-
partment of street cleaning of the city of New York."

Vetoes hi

Assembly Bill No. 227, entitled "An act to amend the
Greater New York charter, in relation to territory for the ac-
commodation and use of canal boats and barges."

Senate Bill No. 482, entitled "An act to amend the Greater
New York charter, in relation to retiring members of the fire
department."

Assembly Bill No. 1900, entitled "An act to amend the
Greater New York charter, in relation to the use of buildings
for moving picture exhibitions."

Senate Bill No. 327 (Assembly reprint No". 2287), entitled
"An act to amend the Greater New York charter, in relation
to the fire department."

Assembly Bill No. 848, entitled "An act to amend the
Greater New York charter, relative to salaries of members of
the fire department."

Assembly Bill No. 2233, entitled "An act to amend the
Greater New York charter, relative to vacations of employees."

Senate Bill No. 1265, entitled "An act in relation to South
Oxford street, in the borough of Brooklyn, in the city of New
York."

Senate Bill No. 805, entitled "An act to amend chapter
five hundred and eighty of the laws of nineteen hundred and
two, entitled 'An act in relation to the municipal court of
the city of New York, its officers and marshals,' in relation
to fees of stenographers for transcripts of minutes and re-
quiring stenographers to furnish bonds."

Assembly Bill No. 1370 (Senate reprint No. 1326), entitled
"An act relative to leases upon sales for taxes in certain vil-
lages of the county of Queens."

Assembly Bill No. 2098, entitled "An act to amend the
Greater New York charter, as re-enacted by chapter four
hundred and sixty-six of the laws of nineteen hundred -and
one, relative to the doormen of police."

(Signed) CHARLES E, HUGHES.

ii2 Public Papers of Governor Hughes

Duplicate Bills or in Conflict with Existing Law

State of New York — Executive Chamber.

Albany, May 23, 1908.
Memorandum filed with bills specified below.

Not Approved.

The following bills are disapproved for the reason that
they are either duplicates of bills which have been approved
or in some of their provisions conflict with laws which have
been passed at this session :

These bills are as follows:

Assembly Bill No. 713, entitled "An act to amend the
Greater New York charter, in relation to the relief fund of
the fire department."

Senate Bill No. 959, entitled "An act to amend the in-
surance law, relative to the insurance of automobiles."

Assembly Bill No. 2142, entitled "An act to amend chap-
ter one hundred and twenty of the laws of eighteen hundred
and eighty-six, entitled 'An act to revise the charter of the
city of Lockport,' relative to authorizing the common coun-
cil to raise money for aertain purposes."

Assembly Bill No. 2086, entitled "An act to amend the
primary election law, in relation to excepting first class
cities and certain third class cities from special enrollment."

Senate Bill No. 859, entitled "An act to reappropriate cer-
tain unexpended balances .of former appropriations."

Senate Bill No. 1173, entitled "An act to amend the state
finance law, relating to loan commissioners."

Senate Bill No. 11 72, entitled "An act to amend chapter
seven hundred and five of the laws of nineteen hundred and
five, entitled An act to provide for annual reports by and the
examination of accounts of counties, cities of the second and
third classes and villages having a population of three thou-
sand or more, the tabulation of comparative statistics as to
the cost of maintaining the various branches of government

Vetoes 113

in such municipalities and making an appropriation therefor,'
as amended by chapter two hundred and fifteen of the laws
of nineteen hundred and seven, relative to the reporting and
examination of municipal accounts."

Senate Bill No. 1077, entitled "An act relative to the water
works bonds and other bonds of the city of Troy."

Assembly Bill No. 928, entitled "An act to amend chapter
one hundred and eighty-two of the laws of eighteen hundred
and ninety-two, entitled An act to incorporate the city of
Mount Vernon.' "

Senate Bill No. 72, entitled "An act to amend the member-
ship corporations law, in relation to Young Men's Christian
Associations."

Assembly Bill No. 691, entitled "An act to amend chapter
five hundred and eighty of the laws of nineteen hundred and
two, entitled 'An act in relation to the municipal court of
the city of New York, its officers and marshals,' relative to
trial jurors in the county of Richmond."

Assembly Bill No. 21 15, entitled "An act to amend the
county law, relative to business hours in the offices of the
clerk of the county and of courts of record and register of
deeds in the county of Westchester."

Assembly Bill No. 530, entitled "An act to amend the
county law, relative to the compensation of supervisors in
Essex county."

Senate Bill No. 1134, entitled "An act to- regulate the tak-
ing of deposits by certain persons, firms and corporations."

(Signed) CHARLES E. HUGHES.

Defectively Drafted, Special Laws, Unnecessary, or Gen-
erally Objectionable Bills by Reason of Proposed
Changes — The Omnibus Veto

State of New York — Executive Chamber.

Albany, May 23, 1908.

The following bills are not approved because of being de-
fectively drafted, special laws where relief can be had under

ii4 Public Papers of Governor Hughes

existing laws, unnecessary, or generally objectionable by
reason of proposed changes :

Senate Bill No. ioio, entitled "An act to amend section
one of chapter six hundred and eighty-eight of the laws of
nineteen hundred, entitled 'An act fixing the terms of the
town officers in the county of Westchester, ratifying the
act of board of supervisors fixing the time of the biennial
town meetings and providing for the appointment of in-
spectors of election in such county,' relative to the time the
several supervisors therein shall hereafter take office."

Senate Bill No. 49, entitled "An act in relation to the
German Odd Fellows Home Association of the State of
New York."

Senate Bill No. 594, entitled "An act to amend chapter one
hundred and eighty-two of the laws of eighteen hundred
and ninety-two, entitled An act to incorporate the city of
Mount Vernon,' relating to tax leases."

Senate Bill No. 1062, entitled "An act to amend the pri-
mary election law in relation to the duties of boards of
primary election inspectors."

Senate Bill No. 1305, entitled "An act to amend the agri-
cultural law, in relation to the sale and s.hipment of calves
and veal."

Assembly Bill No. 2063 (Senate reprint No. 1360), enti-
tled "An act to amend chapter three hundred and forty-
eight of the laws of eighteen hundred and eighty-five, enti-
tled 'An act to authorize the appointment of stenographers
for grand juries, and to fix the compensation of such stenog-
raphers,' relative to the appointments of special stenog-
raphers."

Assembly Bill No. 2112 (Senate reprint No. 1372), enti-
tled "An act to amend chapter twenty-nine of the laws of
nineteen hundred and eight, entitled 'An act to incorporate
the city of Glens Falls,' in relation to the compensation of
assessors."

Assembly Bill No. 2028, entitled "An act to amend chap-
ter four hundred and forty of the laws of eighteen hundred
and ninety-six, entitled 'An act to facilitate the identification

Vetoes 115

of criminals/ in relation to creating certain exemptions to
the requirements of said act, applicable to the city of New
York."

Assembly Bill No. 2000, entitled "An act to amend the
general municipal law, relative to temporary loans."

Assembly Bill No. 2006, entitled "An act to amend the
public health law, in relation to vital statistics."

Assembly Bill No. 1087, entitled "An act regulating the
distribution of money received from taxes on the business
of foreign fire insurance corporations collected and received
by the treasurer of the city of Little Falls."

Assembly Bill No. 733, entitled "An act to amend chapter
seven hundred and one of the laws of eighteen hundred and
ninety- three, entitled 'An act to regulate gifts for charitable
purposes,' relative to the time when the supreme court shall
have control over such gifts."

Assembly Bill No. 277, entitled "An act to amend the tax
law, in relation to the exempt real estate of pensioners, their
wives and widows."

Assembly Bill No. 1325 (Senate reprint No. 1336), en-
titled "An act to amend the code of civil procedure, in rela-
tion to notice of sale of personal property."

Assembly Bill No. 1913, entitled "An act to amend the
insanity law, relative to the support and maintenance of
patients in state hospitals."

Assembly Bill No. 433 (Senate reprint No. 801), entitled
"An act to amend section twenty-seven hundred and eighteen
of the code of civil procedure, relative to the publication of
notices to present claims against decedents."

Assembly Bill No. 1850, entitled "An act to amend chap-
ter five hundred and eighty of the laws of nineteen hundred
and two, entitled An act in relation to the municipal court
of the city of New York, its officers and marshals,' in rela-
tion to foreclosure of lien on chattels."

Assembly Bill No. 1653, entitled "An act to amend the
county law, in relation to the designation of newspapers to
publish session laws and concurrent resolutions."

Assembly Bill No. 417, entitled "An act to amend chapter
four hundred and sixteen of the laws of nineteen hundred,

n6 Public Papers of Governor Hughes

entitled 'An act to establish a state hospital in some suitable
location in the Adirondacks for the treatment of incipient
pulmonary tuberculosis, and making an appropriation there-
for,' in relation to the qualifications of the superintendent of
said hospital.''

Senate Bill No. 684, entitled 'An act to amend chapter
seven hundred and fifty- four of the laws of nineteen hun-
dred and four, entitled 'An act to simplify the settlement of
accounts of receivers, on dissolution of a monied corpora-
tion.' "

Assembly Bill No. 1541, entitled "An act to authorize and
provide for the reimbursement, by the town of Hyde Park,
in Dutchess county, of moneys to property owners in such
town, paid by them for the improvement of a certain high-
way therein."

Assembly Bill No. 201 1 ('Senate reprint No. 1337), en-
titled "An act to amend the consolidated school law, in re-
lation to tenure of office of teachers in cities of the third
class and villages employing superintendents of schools, and.
in relation to the safety and health of pupils."

Assembly Bill No. 2060, entitled "An act to confirm and
continue the reorganization of the village of Waddington in
Saint Lawrence county under general laws ; to supplement
the loss or failure to file a record thereof; and to validate
certain acts of the taxpayers, electors and officers of such
village."

Assembly Bill No. 1691, entitled "An act to amend chap-
ter' two hundred and forty-three of the laws of eighteen
hundred and fifty-nine, entitled 'An act to amend the char-
ter and several acts relating to the village of Waterford and
to incorporate the same into one act,' as amended by chapter
one hundred and forty-one of the laws of eighteen hundred
and eighty-eight and chapter one hundred and nine of the
laws of eighteen hundred and ninety-nine, relating to the
division of said village into wards and prescribing the quali-
fications of the officers for said village."

Assembly Bill No. 839, entitled "An act to amend chap-
ter six hundred and seventeen of. the laws of nineteen hun-

Vetoes 117

dred and four, entitled 'An act to establish a police pension
fund for the city of Troy, New York,' in relation to amount
of pension."

Assembly Bill No.' 1972, entitled "An act to amend chapter
twenty-six of the laws of eighteen hundred and eighty-five,
entitled 'An act to revise, amend and consolidate the several
acts in relation to the city of Syracuse, and to revise and
amend the charter of said city.' "

Assembly Bilf" No. 1726, entitled "An act to provide for
the assessment of certain real property for a portion of the
cost of paving South State street from Colvin street to
Brighton avenue in the' city of Syracuse."

Senate Bill No. 1091, entitled "An act to amend subdivi-
sion two of section one hundred and forty-seven of the code
of criminal procedure in reference to the designation of per-
sons who are magistrates, by including therein the justices of
the city court of the city of New York."

Assembly Bill No. 1374, entitled "An act to authorize the
county treasurer to pay to the board of supervisors of Suf-
folk county the funds in his hands received from the late
board of sidepath commissioners of said county."

Assembly Bill No. 2289, entitled "An act to amend the
code of civil procedure, in relation to taking proof of will."

Assembly Bill No. 2221, entitled "An act authorizing the
town board of the town of Newcomb, Essex county, to desig-
nate an elector of such town to act as policeman therein
under the direction of the town board, and to fix his com-
pensation therefor."

Assembly Bill No. 1834, entitled "An act to amend the vil-
lage law, relative to the form of the village assessment roll."

Assembly Bill No. 506, entitled "An act to repeal sections
seven and eight of title two of chapter six hundred and
seventy of the laws of eighteen hundred and ninety- two, en-
titled An act to amend chapter five hundred and ninety-eight
of the laws of eighteen hundred and seventy, entitled "An
act to amend an act to incorporate the city of Troy, passed
April twelfth, eighteen hundred and sixteen, and the several
acts amendatory thereof, and also to amend other acts relat-

n8 Public Papers of Governor Hughes

ing to the city of Troy," and the acts amendatory of said
chapter five hundred and ninety-eight, and to consolidate
into one act several of the acts amending the charter of and
other acts relating to the city of Troy and its departments,
and to the inferior local courts therein.' "

Assembly Bill No. 1553, entitled "An act to empower the
supreme court of the state of New York to fix and determine
the amount of compensation to be paid by the city of New
York to the commissioners of estimate and appraisal ap-
pointed by that court to estimate and appraise the loss,
damage of and compensation to be paid to the owners and
others by reason of the taking of lands and premises in the
borough of Manhattan in said city of New York under and
pursuant to chapter seven hundred and twelve of the laws
of nineteen hundred and one, entitled An act to relieve the
congestion and facilitate the traffic on the New York and
Brooklyn bridge and to improve and extend the footpaths,
roadways, railway tracks and other facilities for the use of
pedestrians, vehicles and railway passengers at the westerly
or Manhattan terminal of said bridge.' "

Assembly Bill No. 1865, entitled "An act to amend chapter
five hundred and eighty of the laws of nineteen hundred and
two, entitled An act in relation to the municipal court of
the city of New York, its officers and marshals,' relative to
the issuance of subpoenas and the attendance of witnesses."

Assembly Bill No. 976, entitled "An act to amend the
Indian law, in relation to the jurisdiction of the peace-
makers' court of the Tonawanda reservation."

Assembly Bill No. 1663, entitled "An act to amend the
Indian law, in relation to the devolution of property of per-
sons of the Tonawanda nation of Seneca Indians, by will
and by descent and distribution."

Senate Bill No. 781, entitled "An act to amend sections
two hundred and eighty-eight and seven hundred and twenty-
eight of the Greater New York charter, as re-enacted by
chapter four hundred and sixty-six of the laws of nineteen
hundred and one, and amended by chapter one hundred and
sixty of the laws of nineteen hundred and seven, relative to
promotions in the police and fire departments."

Vetoes 119

Senate Bill No. 780, entitled "An act to amend sections
two hundred and ninety-nine and seven hundred and forty
of the Greater New York charter, as re-enacted by chapter
four hundred and sixty-six of the laws of nineteen hundred
and one, and amended by chapters one hundred and sixty and
five hundred and forty-seven of the laws of nineteen hun-
dred and seven, relative to promotions in the police and fire
departments."

Senate Bill No. 576, entitled "An act to amend sections
two hundred 'and forty-nine and nine hundred and nine of
the Greater New York charter, in relation to the determina-
tion of the tax rate by the board of aldermen and the ex-
tension of taxes."

Senate Bill No. 218, entitled "An act to amend chapter
one hundred and eighty-two of the laws of eighteen hun-
dred and ninety-two, entitled An act to incorporate the city
of Mount Vernon,' relative to the publication of notices of
tax sales and notices of redemption from tax sales."

Senate Bill No. 927, entitled "An act to amend the insur-
ance law, in relation to limiting the powers of a corporation,
association or' society, subject to said law, in respect to its
surplus reserve funds or accumulations."

Senate Bill No. 1287, entitled "An act to amend the insur-
ance law, in relation to insuring the lives of persons between
seventeen and twenty-one years of age on co-operative or
assessment plan."

Senate Bill No. 1133, entitled "An act to amend article
six of the insurance law, in relation to certificates of author-
ity to be issued by the superintendent of insurance."

Senate Bill No. 1250, entitled "An act to amend chapter
one hundred and two of the laws of nineteen hundred and
four, entitled An act to incorporate the Silver Bay Associa-
tion for Christian Conferences and Training,' relating to
the number necessary to constitute a quorum and the holding
of property."

Assembly Bill No. 1254, entitled "An act in relation to
perpetual care of private cemetery lots and defining and
declaring charitable uses in relation thereto."

120 Public Papers of Governor Hughes

Assembly Bill No. 1934, entitled "An act authorizing the
trustees of the village of Peekskill to levy by tax money for
the support, maintenance and care of patients in the Peeks-
kill hospital or for improvement of hospital building, an in-
stitution conducted by the Helping Hand Association, a
domestic corporation."

Assembly Bill No. 1861 (Senate reprint No. 1366), en-
titled "An act to amend chapter four hundred and fifty-seven
of the laws of nineteen hundred and seven, entitled 'An act
in relation to gas and electricity in the city of Syracuse.' "

Assembly Bill No. 1827, entitled "An act to amend the
tax law, in relation to reducing the rate of assessment on
land devoted to the growing of wood, timber and other
forest products, with the view of encouraging the growth of
such products."

Assembly Bill No. 1885 (Senate reprint No. 1264), en-
titled "An act to amend the elections law, in relation to board
of elections in the city of New York."

Senate Bill No. 1083, entitled "An act to amend the code
of civil procedure in relation to the court of claims."

Senate Bill No. 1093, entitled "An act to aihend the code
of civil procedure, in relation to the jurisdiction of the court
of claims."

Assembly Bill No. 2026, entitled "An act to amend the
public health law, in relation to the sale, adulteration and
misbranding of drugs."

Senate Bill No. 268, entitled "An act to amend section
twelve hundred and forty-two of the code of civil procedure,
relating to the sale of real property."

Assembly Bill No. 1858, entitled "An act to amend chap-
ter four hundred and forty : one of the laws of eighteen hun-
dred and ninety-nine, entitled An act to create, a commis-
sioner of jurors in the several counties of this state,' in rela-
tion to the commissioner of jurors in the county of Herkimer,
and to abolish the office of such commissioner in said county
and terminate the powers, duties and term of the present
incumbent."

(Signed) CHARLES E. HUGHES.

IV

MEMORANDA ON LEGISLATIVE BILLS
APPROVED

IV
MEMORANDA ON LEGISLATIVE BILLS APPROVED

Amending an Act in Relation to the First Methodist
Episcopal Church of New York

State of New York — Executive Chamber.

Albany, April 4, 1908.

Memorandum filed with Senate Bill No. 862, entitled "An
act to amend chapter two hundred and eighteen of the laws
of eighteen hundred and sixty-six, entitled 'An act in rela-
tion to " The First Methodist Episcopal Church in the City
of New York " and to incorporate the same. ' "

Approved.

The corporation affected by this bill was chartered by a
special act, and I sign the bill because its objects cannot be
accomplished under the general law.

(Signed) CHARLES E. HUGHES.

Changing the Name of the Holy Angels' Infirmary

State of New York — Executive Chamber.

Albany, April 4, 1908.

Memorandum filed with Senate Bill No. 663, entitled "An
act to change the name of the Holy Angels' Infirmary,
Academy and Industrial School for Benevolent, Charitable
and Scientific Purposes to D'Youville College and Academy
of the Holy Angels, and permitting said corporation to main-
tain a college department for the education of women in
literature, science, philosophy, religion and the liberal arts,
and to confer degrees and grant" diplomas."

123

124 Public Papers of Governor Hughes

Approved.

The corporation known as " The Holy Angels' Infirmary,
Academy and Industrial School for Benevolent, Charitable
and. Scientific Purposes " was organized in 1864 under the
general law of 1848. Its objects were described to be " to
visit the poor, dispense medicine to them from their in-
firmary, to instruct youth in learning and to form an indus-
trial school for poor girls and to teach and educate chil-
dren." By special act (Laws of 1869, chapter 50) any de-
fects in its certificate were cured and it was confirmed in the
possession of its powers for all the purposes described in
its certificate of incorporation. By this bill it is permitted
to establish a collegiate department for the education of
women, to confer degrees and to change its name accord-
ingly. The bill places these privileges under restrictions
so as to insure equipment and provision for maintenance
which must be approved by the Regents of the University of
the State, and provides that the courses leading to the
recognized degrees shall, with specified exceptions, also be
approved by the Regents. It is thus placed in the exercise
of its additional powers under the supervision of the Regents
in conformity with the policy of the State and the only
question is as to the necessity or propriety of special legisla-
tion in the matter.

The present organization, however, of the institution is
anomalous. The general law under which it was formed
has been repealed, and the objects of this bill cannot be
effected by reincorporation under present general laws with-
out a loss of certain powers which it now enjoys. It is con-
ceded by all that the extension of privileges under the re-
strictions provided by this bill is desirable, and there is no
good reason for refusing the special law through which alone
this extension can be had.

In view of the anomalous situation of this institution this
bill cannot be regarded as a precedent for departures from
the policy of the University Law.

(Signed) CHARLES E. HUGHES.

Memoranda on Legislative Bills Approved 125

Providing for the Registration of Land Titles by the
Torrens System

*

State of New York — Executive Chamber.

Albany, May 20, 1908.

Memorandum filed with Assembly Bill No. 1672, entitled
"An act in relation to registering titles to real property and
facilitating and expediting its transfer."

Approved.

The purpose of this bill is to establish a system for the
registration of land titles and in this way to avoid, wherever
resort to the system may be practicable, repeated examina-
tions of title and an unnecessary multiplication of records.

A commission was appointed last year to examine the
matter, and after the most careful consideration of the whole
subject, including the experience of other states and of
foreign countries, the majority of the commission recom-
mended this legislation. Objections were presented in a
careful minority report. After this thorough examination,
and with the opposing views clearly presented, the Legisla-
ture has adopted the recommendations of the commission.

I believe that this measure represents an important move-
ment in the direction of facilitating land transfers, and that
it should become a law. The merits of the objections can
best be tested, and indeed can satisfactorily be tested only,
by experience. If we are ever to escape the complications,
delays, and expense incident to present methods, a begin-
ning must be made, and the painstaking and intelligent
efforts which have culminated in the passage of this bill
should not be frustrated.

(Signed) CHARLES E. HUGHES.

126 Public Papers of Governor Hughes

Providing for the Semi=MonthIy Payment of Employees
of Steam Surface Railways

State of New York — Executive Chamber.

Albany, May 20, 1908.

Memorandum filed with Assembly Bill No. 196, entitled
"An act to amend the labor law relative to the time when
wages are to be paid."

Approved.

By the Labor Law it is provided that corporations and
joint-stock associations shall pay their employees weekly.
Steam surface railroads, however, were excepted from this
provision and permitted to pay monthly. This bill mitigates
this discrimination by providing for a semi-monthly pay-
ment.

It is urged that this change will cause the steam railroads
some inconvenience and expense. But doubtless the present
law occasions inconvenience and expense to other corpora-
tions who are not benefited by any exception. It is better
that the present bill should become a law and suitable ad-
ministrative arrangements be made to comply with it, than
that the existing discrimination which cannot be justified
with due regard to the policy of the provision of the Labor
Law should be maintained.

(Signed) CHARLES E. HUGHES.

Providing for the Regulation of the Practice of
Optometry

State of New York — -Executive Chamber.

Albany, May 21, 1908.

Memorandum filed with Senate Bill No. 1033, entitled "An
act to amend the public health law by defining optometry
and regulating the practice thereof."

Memoranda on Legislative Bills Approved 127

Approved.

This bill provides for the regulation of the practice of
optometry as therein defined. The Legislature last year
passed a measure for the same purpose which was disap-
proved upon the ground that it failed to provide for adequate
supervision by the Board of Regents in accordance with the
policy of the State. The defects then pointed out have been
remedied in the present bill. Objections have been urged
to giving legal recognition to the practice in question, but
the fact remains that the practice exists and will continue,
and unquestionably it forms a proper subject for regulation.

I, therefore' approve the bill.

(Signed) CHARLES E. HUGHES.

Authorizing the Purchase of Rapid Transit Railways
in New York

State of New York — Executive Chamber.

Albany, May 22, 1908.

Memorandum filed with Senate Bill No. 973, entitled "An
act to amend chapter four of the laws of eighteen hundred
and ninety-one, entitled An act to provide rapid transit rail-
ways in cities of over one million inhabitants,' in regard to
the purchase by such cities and the equipment, maintenance
and operation of railways for rapid transit purposes."

Approved.

This bill authorizes the Public Service Commission of
the first district, with the approval of the board of esti-
mate and apportionment of New York city, to purchase
upon agreed terms and acquire by conveyance to the city
lines of railway already constructed or in process of con-
struction which might be built as rapid transit railways.

This is a power which the authorities should possess.
Whether or not it should be exercised in a particular case

128 Public Papers of Governor Hughes

will of course depend upon the nature of the rights and prop-
erty to be acquired, the terms that can be made, and the
advantages of the purchase considered in relation to rapid
transit plans and the moneys available therefor.

The bill in my judgment should have contained a .pro-
vision for condemnation. And such authority should later
be added.

(Signed) CHARLES E. HUGHES.

Authorizing the Establishment of a State Reservation to
be Called " Fire Island State Park "

State of New York — Executive Chamber.

Albany, May 22, 1908.

Memorandum filed with Assembly Bill No. 1072, entitled
"An act to authorize the location, establishment, main-
tenance and use of certain lands in the towns of Islip and
Babylon, county of Suffolk, for a state reservation to be
called Fire Island state park."

Approved.

The property was acquired for quarantine purposes in a
time of great emergency. The present law provides that If
the Commissioners of the Land Office are satisfied that it
is not necessary or suitable for such purpose, that it may be
sold at public auction or private sale. In my judgment,
having due regard to the future, the property should not be
sold, but should be retained by the State and proper pro-
vision should be made for its care. This is accomplished by
the present bill.

It has been objected that the bill does not provide that it
may be used for quarantine purposes should it become neces-
sary in a great emergency, but the land will be under the
control of the State and whatever authority may be needed
for this purpose can be supplied.

(Signed) CHARLES E. HUGHES.

Memoranda on Legislative Bills Approved 129

Authorizing the Conveyance of the Title of Land in
Nassau County to Elbert Valentine

State of New York — Executive Chamber.

Albany, May 23, 1908.

Memorandum filed with Assembly Bill No. 908, entitled
"An act to authorize the supervisor of the town of Hemp-
stead, in the county of Nassau, to execute and deliver a deed
to Elbert Valentine, thereby conveying the title of said town
in certain lands therein, to cure a defect in a former con-
veyance."

Approved.

This bill authorizes the execution of a deed on behalf of
the town of Hempstead to confirm title to premises which
have been occupied by the grantee and his successor in in-
terest for upwards of fifty years. It is shown that there
was a mistake in the original conveyance, and it can be
corrected in no other way.

(Signed) CHARLES E. HUGHES.

5

V
EMERGENCY MESSAGES

V
EMERGENCY MESSAGES

Messages certifying to the necessity of the immediate
passage of specified Senate and Assembly bills, in compliance
with section 15 of article III of the Constitution, were sent
to the Legislature of 1908 from time to time by Governor
Hughes. The measures to which the messages applied were
as follows :

March 12. Assembly Bill Introductory No. 1177, entitled
"An act to amend chapter six hundred and seventy-eight of
the laws of nineteen hundred and six, entitled 'An act pro-
viding for the acquisition of a site and for the erection of a
state education building, providing for the state library, state
museum, and making an appropriation therefor,' in relation
to the erection of such building."

April 14. Assembly Bill Introductory No. 934, Printed No.
1970, as amended, entitled "An act to amend the banking
law, relative to restrictions upon the loans and business meth-
ods of corporations subject to its provisions."

April 15. Assembly Bill Introductory No. 546, Printed
No. 1 196, as amended, entitled "An act to create a board of
commissioners in the city of Utica to control the erection
and repair of buildings in said city."

April 16. Senate Bill Introductory No. 835, Printed No.
1308, entitled "An act in relation to the militia, constituting
chapter sixteen of the general laws," as amended.,

April 16. Senate Bill Introductory No. 916, entitled "An
act to amend the banking law, relative to publicity of certain
official acts of the superintendent and details of the business
of the department."

April 16. Assembly Bill No. 1649 (Senate reprint No.
1261), entitled "An act to amend the banking law, relative
to the lawful money reserve of banks and individual bankers."

133

134 Public Papers of Governor Hughes

April 16. Assembly Bill Introductory No. 936, Printed No.
2102, as amended this day, entitled "An act to amend the
banking law, relative to branch offices of banks."

April 20. Senate Bill Introductory No. 835, Printed No.
1367, entitled 'An act in relation to the militia, constituting
chapter sixteen of the general laws."

April 21. Senate Bill Introductory No. 718, Printed No.
1375, entitled "An act to amend generally the public service
commissions law, and to add thereto a new article relating
to telegraph and telephone companies."

April 21. Assembly Bill Introductory No. 458, Printed
No. 850 (Senate reprint No. 844), entitled "An act making
appropriations for the support of government," as amended
by the substitute bill reported by the Conference Committee.

April 22. Assembly Bill Introductory No. 660, Printed No.
2100 (Senate reprint No. 1333), entitled "An act to amend
chapter one hundred and five of the laws of eighteen hun-
dred and ninety-one, entitled 'An act to revise the charter of
the city of Buffalo,' in relation to the municipal cc*rt, and
to repeal title twenty-two thereof relating to such court," as
amended.

April 22. Senate Bill Introductory No. 914, Printed No.
1388, entitled "An act to amend the liquor tax law, in rela-
tion to duties and powers of special agents; statements to
be made upon application for liquor tax certificates ; bonds
to be given; payment of the tax and issuing of the liquor
tax certificate ; places in which traffic in liquors shall not
be permitted ; persons who shall not traffic in liquors ; revo-
cation and cancellation of liquor tax certificates ; injunction
proceedings ; illegal sales and selling ; violations and penal-
ties ; surrender of forfeited liquor tax certificates ; warrants
of search and seizure of liquors; jurisdiction of courts and
reports of magistrates, courts and court clerks; duties and
fees of sheriffs."

April 22. Senate Bill Introductory No. 934, Printed No.
1383, entitled "An act to authorize the city of New York to
enter into contracts and agreements to provide for the dis-
posal of sewerage of villages or townships within the Croton

Emergency Messages 135

water shed, and to allow the city of New York to acquire
such lands as may be necessary to carry into effect said sys-
tem and to acquire lands for the sanitary protection of , the
said water supply and to raise funds to carry said agreements
into effect or to improve the sanitary protection of said water
supply."

April 22. Senate Bill Introductory No. 681, Printed No.
853, entitled "An act making an appropriation for highway
improvement purposes," as amended.

April 22. Assembly Bill Introductory No. 1216, Printed
No. 1892 (Senate reprint No. 1390), entitled "An act to
amend chapter six hundred and seventy-six of the laws of
eighteen hundred and ninety-eight, entitled An act to create
a metropolitan district; provide for the appointment of a state
superintendent therein, and to prescribe his powers and du-
ties,' in relation to duties of hotel and lodging house keepers.''

April 22. Assembly Bill Introductory No. 1416, Printed
No. 1967 (Senate reprint No. 1384), entitled "An act mak-
ing appropriations for construction, additions and improve-
ment at the state hospitals for the insane."

April 23. Assembly Bill Introductory No. 1585, Printed
No. 2303, entitled "An act to make an appropriation for the
payment of the judgments of the court of claims, in claims
arising on account of the canals of this state."

April 23. Assembly Bill Introductory No. 1584, Printed
No. 2302, entitled "An act to make an appropriation for the
payment of the judgments of the court of claims, in claims
other than those on account of the canals of this state."

April 23. Assembly Bill Introductory No. 1142, Printed
No. 1419 (Senate reprint No.' 1380), entitled "An act mak-
ing appropriations for repairs, renewals, and betterments for
the several state prisons, the Matteawan State Hospital for
Insane Criminals, and the Dannemora State Hospital for In-
sane Convicts."

April 23. Assembly Bill Introductory No. 1081, Printed
No. 1528 (Senate reprint No. 1139), entitled "An act mak-
ing appropriations for certain expenses of government and
supplying deficiencies in former appropriations," as amended
and reported by the Conference. Committee. .

136 Public Papers of Governor Hughes

June 9. Assembly Bill Introductory No. 32, Printed No.

37, of the Extraordinary Session of 1908, entitled "An act
to abolish the grade crossing of the New York Central and
Hudson River Railroad and the Buffalo, Rochester and Pitts-
burg Railroad at Brown street in the city of Rochester."

June 10. Senate Bill Introductory No. 16, Printed No. 29,
pf the Extraordinary Session of 1908, entitled "An act to
amend chapter one hundred and forty-seven of the laws of
nineteen hundred and three, entitled 'An act making provision
for issuing bonds to the amount of not to exceed. one hundred
and one million dollars for the improvement of the Erie
canal, the Oswego canal and the Champlain canal, and pro-
viding for a submission of the same to the people to be voted
upon at the general election to be held in the year nineteen
hundred and three,' relative to the harbor at Syracuse."

June 10. Senate Bill Introductory No. 25, Printed No. 31,
of the Extraordinary Session of 1908, entitled "An act to
amend section one hundred and seventy-six of chapter seven
hundred and sixty of the laws of eighteen hundred and
ninety-seven, as amended, entitled 'An act to revise the char-
ter of the city of Watertown.' "

June 10. Assembly Bill Introductory No. 33, Printed No.

38, of the Extraordinary Session of 1908, entitled "An act to
amend the agricultural law, in relation to the diseases of
domestic animals, and making an appropriation therefor." ,

June 10. Assembly Bill Introductory No. 29, Printed No.

34, of the Extraordinary Session of 1908, entitled "An act to
amend section three hundred and fifty-one of the penal code,
relating to pool-selling, book j making, bets and wagers."

June 10. Assembly Bill Introductory No. 30, Printed No.

35, of the Extraordinary Session of 1908, entitled "An act
to amend chapter five hundred and seventy of the laws of
eighteen hundred and ninety-five, entitled 'An act for the in-
corporation of associations for the improvement of the breed
of horses and to regulate the same; and to establish a state
racing commission,' in relation to betting, wagering, pool-sell-
ing and book-making."

Emergency Messages 137

June 10. Senate Bill Introductory No. 21, Printed No. 30,
of the Extraordinary Session of 1908, entitled "An act to
amend the code of civil procedure, in relation to the juris-
diction of the court of claims," as amended.

June 11. Senate Bill Introductory No. 26, Printed No. 33,
oi the Extraordinary Session of 1908, entitled "An act to
amend the agricultural law, in relation to the diseases of do-
mestic animals, and making an appropriation therefor," as
amended.

June 11. Assembly Bill, Introductory No. 35, entitled "An
act making appropriations for certain expenses of govern-
ment and supplying deficiencies in former appropriations."

June 11. Assembly Bill Introductory No. 36, entitled "An
act making an appropriation for the expenses of the Special
Session of the Legislature called by proclamation of the Gov-
ernor to convene May eleventh, nineteen hundred and eight."

VI
APPOINTMENTS

VI
APPOINTMENTS

Executive

Commissioner of Water Power on Black River.

March 17. Wooster O. Ball of Watertown to succeed
Fred W. Babcock, deceased.
New York Charter Commission (Chapter 114, Laws of
1908).
April 21. Patrick F. McGowan, Herman A. Metz, Wil-
liam M. Ivins, Elgin R. L. Gould,
Nathaniel A. Elsberg, J. Hampden Dough-
erty, Charles H. Strong, George L. Duval,
James Cowden Meyers, George McAneny,
Aknet R. Latson, Alfred J. Boulton, Wil-
liam W. Niles, all of New York city. Har-
rison S. Moore of Flushing and George
Cromwell of New Brighton. No stated
term.
Special Examiner and Appraiser of Canal Lands
"(Chapter 195, Laws of 1908).
May 1. Harvey J. Donaldson of Ballston Spa, origi-
nal appointment for a term to expire April

3°> 19"-
Coroner — Cattaraugus County.

May 28. Charles L. Randall of Franklinville as
coroner of and for the county of Cattarau-
gus, who was elected in November, 1907,
and failed to qualify.
District Attorney — St. Lawrence County.

June 24. John C. Crapser of Messina as district at-
torney of and for the county of St. Law-
rence to fill the vacancy caused by the res-
ignation of Clarence. S. Ferris.
141

142 Public Papers of Governor Hughes

Counsel to the Governor.

June 25. Owen Lincoln Potter of Albany as counsel
to the Governor to fill the vacancy created
by the resignation of Edward Sandford. ..
Coroner — St. Lawrence County.

July 11. Henry S. Stilwell, M. D., of Ogdensbur'g as
coroner of and for the county of St. Law-
rence to fill the vacancy created by the res-
ignation of Silas E. Brown.
Commission on State Farm for Women (Chapter 467,
Laws of 1908).
June 29. Mrs. Eliza M. Guy of New York city.
June 29. Mrs. Jane L. Armstrong of Rochester.
July 3. Simon W. Rosendale of Albany. No stated
term.

Members of the Commission to Inquire into Inferior
Criminal Courts in Cities of the First Class
(Chapter 211, Laws of 1908).
Nov. 10. Bronson Winthrop of New York city.
Nov. 10. John Alan Hamilton of Buffalo.
Lake Champlain Ter-Centenary Commission (Chapter
149, Laws of 1908).
July 23. John H. Booth of Plattsburg.
July 23. John B. Riley of Plattsburg.
July 23. Walter C. Witherbee of Port Henry.
July 23. Louis C. Lafontaine of Champlain.
July 23. Howland Pell of New York city.
No stated term.

Appointive Member of the State Probation Commission.
July 29. Frank E. Wade of Buffalo, for a term to
expire July 1, 191 2.

Trustees of the Supreme Court Library at Troy (Chap-
ter 79, Laws of 1908).
June 29. William J. Roche of Troy, for a term to ex-
pire December 30, 1908.
June 29. Michael A. Tierney of Troy, for a term to
expire December 30, 1909.

Appointments 143

June 29. Lewis E. Griffith of Troy, for a term to ex-
pire December 30, 1910.

Original appointments.

»

Trustees of the Supreme Court Library at White Plains
(Chapter 304, Laws of 1908).
Dec. 21. Nathan P. Bushnell of Peekskill, for a term

to expire December 30, 1908.
Dec. 21. John F. Brennan of Yonkers, for a term to

expire December 30, 1909.
Dec. 21. J. Addison Young of New Rochelle, for a term

to expire December 30, 1910.
Dec. 21. David H. Hunt of White Plains, for a term

to expire December 30, 191 1.
Dec. 21. Frank V. Millard of Tarrytown, for a term,
to expire December 30, 1912.
Original appointments.

Member of the Commission to Acquire a Site for the

New York State Training School for Boys (Chap-

268, Laws of 1908).

June 25. Newbold Morris of New York city to succeed

Isaac Townsend, resigned. No stated term.

Members of the Commission to Inquire into the Condi-
tion, Welfare, and Industrial Opportunities of
. Aliens in the State of New York (Chapter 210,

Laws of 1908).
July 15. Louis Marshall, New York city.

Miss Lillian Wald, New York city.
Edward B. Whitney, New York city.
William Williams, New York city.
Gino C. Speranza, New York city.
Marcus M. Marks, New York city.
Miss Frances A. Kellor, New York city.
Philip V. Danahy, Albany.
Charles W. Larmon, Salem.
11. James Bronson Reynold's of New York city to
fill the vacancy created by the declination of
William Williams.

July

IS-

July

15-

July

i-5-

July

IS-

J"iy

IS-

July

15-

J%

IS-

July

iS-

Aug.

11.

APPOINTMENTS

GOVERNOR AND SENATE

Commissioner of Agriculture.

April 15. Raymond A. Pearson of Ithaca to succeed
Charles A. Wieting, resigned, for a term
ending April 29, 191 1. Confirmed April 16.

State Architect.

Jan. 1. Franklin B. Ware of New York city (no
stated term). Confirmed January 13.

Superintendent of Banks.

Jan. 1. Clark Williams of New York city reappointed
for a term to expire May 9, 1908. Con-
firmed January 13..

April 14. Reappointed for a term to expire May 9, 191 1.
Confirmed April 14.

Commissioners of the State Board of Charities.

June 9. Richard L. Hand of Elizabethtown to succeed
Ledyard P. Hale, resigned, for a term to
expire March 23, 1910. Confirmed June
11.

June 9. Horace McGuire of Rochester to succeed
Enoch V. Stoddard, M.D., for a term to
expire March 23, 1916. Confirmed June
10.

Forest, Fish, and Game Commissioner.

April 15. James Spencer Whipple of Salamanca reap-
pointed for a term to expire April 14, 1912.
/ Confirmed April 15.
144

Appointments 145

Agent of the Onondaga Indians Residing on the Alle-
gany, Cattaraugus, Tuscarora, and Tonawanda
Reservations.
Jan. i. Emily P. Lincoln of Iroquois reappointed for
a term to expire April 15, 191 1. Confirmed
January 13.

Commissioner of Labor.

Jan. 1. John Williams of Utica reappointed for a
term to expire December 31, 1908. Con-
firmed January 13.

Loan Commissioners.

June 11. Cattaraugus county — Charles C Mason of
Conewango reappointed for a term to ex-
pire April 15, 1909. Confirmed June 11.

June 11. George A. Stoneman of Machias reappointed
for a term to expire April 15, 1909. Con-
firmed June 11.

June 11. Chautauqua county — Edward Cook of Pan-
ama reappointed for a term to expire April
15, 1909. Confirmed June 11.

June 11. Frank L. Smith of Silver Creek reappointed
for a term to expire January 10, 1909.
Confirmed June 11.

Nov. 17. Marvin Horton of Arkwright to succeed Ed-
ward Cook, resigned. Recess appointment
requiring confirmation.

Jan. 13. Chenango county — Otis A. Thompson of
Norwich to succeed Harvey A, Truesdell,
removed from county, for a term to expire
April 13, 1909. Confirmed January ,15.

June 11. Otis A. Thompson of Norwich to succeed
himself, failed to qualify. Confirmed June
11.

June 11. Erie county — Clarence A. Tyler of Alden re-
appointed for a term to expire May 4, 1909.
Confirmed June 11.

June 11. Thomas H. Noonan of Buffalo reappointed
for a term to expire April 22, 1909. Con-
firmed June 11.

146

Public Papers of Governor- Hughes

June 11. Niagara county — Frank Terry of Royalton
reappointed for a term to expire April 8,

1909. Confirmed June II.

June 11. Henry Voelker of LaSalle reappointed for a
term to expire April 2.2, 1909. Confirmed
June 11.

June 11. Oneida county — Robert R. Pritchard of Rem-
sen reappointed for a term to expire April
7, 1910. Confirmed June 11.

June 11. Otsego county — Simeon R. Barnes of One-
onta reappointed for a term to expire April
9, 1909. Confirmed June 11.

June 11. Robert O. Marshall of Cooperstown reap-
pointed for a term to expire February 28,

1910. Confirmed June 11.

June 11. St. Lawrence county — Andrew Tuck of Lis-
bon reappointed for a term to expire March
25, 1910. Confirmed June 11.

June 11. William Bradford of Louisville reappointed
for a term to expire March 25, 1910. Con-
firmed June 11.

Jan. 1. Ulster county — Cornelius Dumond of King-
ston reappointed for a term to expire April
13, 1909. Confirmed January 13.

June 9. Wayne county — Clark Hopkins of Sodus
Point to succeed Seth B. Dean, resigned,
for a term to expire February 20, 1909.
Confirmed June 10.

Aug. 29. Clark Hppkins of Sodus Point to succeed
himself, failed to qualify. Recess appoint-
ment requiring confirmation.

Oct. 3. Clark Hopkins- of Sodus Point to succeed
himself, failed to qualify. Recess appoint-
ment requiring confirmation.

State Commissioner in Lunacy.

Jan. 1. Albert Wan-en Ferris, M. D., of New York
city, as President of said Commission. (No
stated term.) Confirmed January 13.

Appointments 147

Trustees of the State School of Agriculture at Mor-
risville, Pursuant to Chapter 20 of the Laws of
1908. ,

Nov. 17. John H. Broad of Morrisville, John T. Rob-
erts of Syracuse, Fitch Gilbert of Gilberts-
ville, John A. Stewart of New York city,
Garret Miller of Peterboro; and
Dec. 11. Irving S. Sears of DeRuyter to succeed Garret
Miller, who failed to qualify. Recess ap-
pointments requiring confirmation.

Commissioners of the State Reservation at Niagara.

June n. George Raines of Rochester reappointed for
a term to expire May it, 1913. Con-
firmed June 11.

June 11. Alexander J. Porter of Niagara Falls reap-
pointed for a term to expire May 11, 1913.
Confirmed June 11.

June 11. Eugene Cary of Niagara Falls to succeed
Alvah K. Potter, resigned, for a term to
expire May 11, 1913. Confirmed June 11.

June 11. Thomas P. Kingsford of Oswego reappointed,
for a term to expire May 11, 1913. Con-
firmed June 11.

June 11. .Charles M. Dow of Jamestown reappointed
for a term to expire May 11, 1913. Con-
firmed June 11.

Commissioners of the Palisades Interstate Park.

April 17. William H. Porter of New York city reap-
' pointed for a term to expire February 12,
1913. Confirmed April 17.
April 17. William A. Linn of Hackensack, N. J., re-
appointed for a term to expire February 12,
1913. Confirmed April 17.

Members of the Board of Parole.

Jan. 1. Albion V. Wadhams of Wadhams reappointed
for a term to expire July 2, 1912. Con-
firmed January 13.

148 Public Papers of Governor Hughes

Commissioners of Prisons.

Jan. 1. Edgar A. Newell of Ogdensburg reappointed
for a term to expire June 21, 1909. Con-
firmed January 13.

Jan. 1. Henry Solomon of New York city reappointed
for a term to expire June 21, ,1910. Con-
firmed January 13.

April 17. Thomas W. Hynes of Brooklyn reappointed
for a term to expire June 21, 1912. Con-
firmed April 17.

April 17. Sarah L. Davenport of Bath reappointed for
a term to expire June 21, 1912. Confirmed
April 17.

Superintendent of State Prisons.

April 13. Cornelius V. Collins of Troy reappointed for
a term to expire April 17, 1913. Confirmed
April 13.

Public Service Commissioners — 2D District.

Jan. 1. Thomas Mott Osborne of Auburn reappointed
for a term to expire February 1, 191 1.
Confirmed January 15.

April 9. John B.. Olmsted of Buffalo to succeed Charles
Hallam Keep, resigned, for a term to ex-
pire February 1, 1912. Confirmed April

State Fair Commissioners (Chapter 31, Laws of 1908).
April 15. Charles A. Wieting of Cobleskill.
April 15. Ira Sharp of Lowville.
April 15. Abraham E. Perren of Buffalo.^
April 15. DeForest Settle of Syracuse.
April 15. William Pitkin of Rochester.

Original appointments, for terms to expire
April 17, 191 1. Confirmed April 16.

StXte Tax Commissioner.

Jan. 1. Frank E. Perley of New York city reap-
pointed for a term to expire December 31,
1910. Confirmed January 1.

Appointments 149

Uniformity of Legislation Commission.

Jan. 1. Francis M. Burdick of New York city reap-
pointed. William H. Hotchkiss of Buffalo
reappointed. No stated term. Confirmed
January 13.

Trustee of Washington's Headquarters.

Jan 1. John Deyo, M. D., of Newburgh reappointed
for a term to expire April 1, 191 1. Con-
firmed January 13.

State Water Supply Commissioner.

April 16. John A. Sleicher of New York city reap-
pointed for a term to expire June 5, 1913.
Confirmed April 16.

Fire Island State Park Commissioners (Chapter 474, Laws
of 1908).
June 11. John H. Vail of Islip.
June 11. John Clinton Robbins of Babylon.
June 11. Samuel L. Parrish of Southampton.
June 11. Henry W. Sackett of New York city, and
June ir. Edward C. Blum of the borough of Brooklyn.
Original appointments. For terms to ex-
pire May 22, 1913. Confirmed June 11.

STATE HOSPITALS

Managers of the Binghamton State Hospital.

April 16. Merritt J. Corbett of Binghamton to succeed
George C. Bayless, for a term to expire De-
cember 31, 1908. Confirmed April 16.

April 16. Harry N. Gardner of Binghamton to succeed
William Mason, for a term to expire De-
cember 31, 191 1. Confirmed April 16.

April 16. Lavinia R. Davis, M. D., of Oneida to succeed
Ellen T. Fish, deceased, for a term to ex-
pire December 31, 191 3. Confirmed April
16.

Ifj6 Public Papers of Governor Hughes

April 16. Kate M. Ely of Binghamton reappointed for
a term to expire December 31, 1914. Con-
firmed April 16.

Manager of the Buffalo State Hospital.

Jan. 15. Minnie Becker of, Buffalo reappointed for- a
term to expire December 31, 1914. Con-
firmed January 15.

Manager of the Central Islip State Hospital.

Jan. 15. Emma R. C. Floyd of Mastic reappointed for
a term to expire December 31, 1914. Con-
firmed January 15.

Manager of the Hudson River State Hospital.

April 16. William D. Granger, M. D., of Bronxville re-
appointed for a term to expire December
31, 1914. Confirmed April 16.

Manager of the Kings Park State Hospital.

Jan. 15. Charles E. Teale of Brooklyn reappointed for
a term to expire December 31, 1914. Con-
firmed January 15.

Managers of the Long Island State Hospital.

April 21. Hugo Hirsh of Brooklyn reappointed for a
term to expire December 31, 1914. Con-
firmed April 21.

April 21. Mabel L. Hastings of Brooklyn to succeed
Louisa Man Wingate, resigned, for a term
to expire December 31, 1912. Confirmed
April 21.

Managers of the Manhattan State Hospital.

Jan. 15. Grace Gillette Bird of New York city reap-
pointed for a term to expire December 31,
1914. Confirmed January 15.

April 16. Gustav Scholer, M- D., of New York city to
succeed Harry Lippman, resigned, for a
term to expire December 31, 1913. Con-
firmed April 16.

Appointments 1^1

Manager Rochester State Hospital.

April 22. Frederick C. Mailing of Rochester to succeed
David M. Garson resigned, for a term to
expire December 31, 1914. Confirmed
April 22.

Manager St. Lawrence State Hospital.

April 16. S. Mortimer Coon of Oswego reappointed for
a term to expire December 31, 1914. Con-
firmed April 16.

Managers of the Utica State Hospital.

Jan. r. Rev. William W. Bellinger, D. D., of Utica

reappointed for a term to expire December

31, 191 1. Confirmed January 13.
Jan. 13. Marietta Doolittle Coxe of Utica reappointed

for a term to expire December 31, 1914.

Confirmed January 13.

Manager Willard State Hospital.

Jan. 13. Abram S. Stothoff of Watkins reappointed for
a term to expire December 31, 1914. Con-
firmed January 13.-

Manager Gowanda State Hospital.

April 16. Mary B. Shepard of Buffalo reappointed for
a term to expire December 31, 1914. Con-
firmed April 16.

Manager Middletown State Homeopathic Hospital.

April 22. William A. Lawrence of Chester to succeed
Newbold Morris, resigned, for a term to
expire December 31, 1914. Confirmed
April 22.

Trustees of the State Hospital for the Treatment of
Incipient Pulmonary Tuberculosis.
April 17. Willis G. Macdonald, M. D., of Albany reap-
pointed for a term to expire April 16, 1913.
Confirmed April 17.
Sept. 26. Charles Stover, M. D., of Amsterdam and
Martin Van Buren Ives of Potsdam. Re-
cess appointments requiring confirmation.

152 Public Papers of Governor • Hughes

Managers of the New York State Hospital for the
Care of Crippled and Deformed Children.

April 17. James Porter Fiske, M. D., of New York
city to succeed Rogers H. Bacon, resigned,
for a term to expire April 16, 1913. Con-
firmed April 21.

April 21. Urban G. Hitchcock, M. D., of New York
city to succeed Rt. Rev. Henry, C. Potter,
resigned, for a term to expire April 16,
1909. Confirmed April 21.

Sept. 21'. Auguste M. Thiery of New York city and
John J. Nutt, M. D., of New York city.
Recess appointments requiring confirmation
pursuant to chapter 433 of the Laws of
1908.

CHARITABLE INSTITUTIONS

Managers New York State Training School for Girls.

Jan. 1. Nathaniel H. Levi of Brooklyn reappointed
for a term to expire December 31, 1909.
Confirmed January 13.

Jan. 15. Marcia Chase Powell of Ghent reappointed
for a term to expire December 31, 1913.
Confirmed January 22.

Sept. 26. Loomis Burrell of Little Falls. Recess ap-
pointment requiring confirmation.

Western House of Refuge for Women.

Jan. 15. John W. LeSeur, M. D., of Batavia reap-
pointed for a term to expire December 31,
191 3. Confirmed January 22.
April 17. Caroline H. Bliss of Buffalo to succeed Helen
Z. M. Rodgers, resigned, for a term to ex-
pire December 31, 1912. Confirmed April
17-
Managers State Agricultural and Industrial School.
April 22. J. Willis Candee, M. D., of Syracuse to succeed
Gates Thalheimer, resigned, for a term to
expire February 2, 1909.

Appointments 153

April 22. Frederick R. Smith of Rochester to succeed
John M. Lee, M. D., for a term to expire Feb-
ruary 1, 1 910.
April 22. Albert H. Tracy, Jr., of Buffalo to succeed

Lyman M. Bass, resigned.
April 22. Lura E. Aldridge of Rochester reappointed.
April 22. Andrew H. Bown of East Rochester reap-
pointed.
April 22. Roger B. Williams of Ithaca reappointed.
April 22. Patrick H. Cochrane of Buffalo reappointed.

For terms to expire February 7,. 1911.
Confirmed April 22.

Managers Rome State Custodial Asylum.

April 21. Stoddard M. Stevens of Rome to succeed

Homer T. Fowler, deceased, for a term to

expire March 20, 1909.
April 21. Edwin F. Torrey, Jr., of Clinton to succeed

Thomas R. Proctor, resigned, for a term to

expire March 20, 1913.
April 21. George W. Adams of Utica to succeed Francis

K. Kernan, resigned, for a term to expire

March 30, 1913.

Confirmed April 21.

Managers Syracuse State Institution for Feeble-Minded
Children.

April 23. William D. Dunning of Syracuse to succeed
William H. Warner, deceased, for a term
to expire December 31, 1909. Confirmed
April 23.

June 9. Rt.'Rev. Patrick A. Ludden of Syracuse reap-
pointed for a term to expire February 7,
191 1. Confirmed June 10.

Dec. 21. William W. Wiard of Syracuse to succeed
William D. Dunning, resigned. Recess ap-
pointment requiring confirmation.

154 Public Papers of Governor Hughes

Managers Thomas Indian School.

Jan. i. Samuel G. Keyes of Gowanda reappointed for
a term to expire March 14, 1913. Con-
firmed January 13.

April 17. Mate C. Grezinger of Buffalo to succeed Lilla
C. Wheeler, resigned, for a term to expire
March 14, 1913. Confirmed April 17.

April 17. James E. Bixby of Dayton to succeed Irving
R. Leonard, resigned, for a term to expire
March 14, 1913. Confirmed April 17.

Trustees New York State Soldiers and Sailors' Home.

Jan. 15. Joseph A. Goulden of New York city to suc-
ceed himself, failed to qualify. Confirmed
January 15.

April 21. John H. Swift of Union to succeed George W.
Dunn, resigned. Term to expire April 16,
1909. Confirmed April 21'.

Managers New York State Woman's Relief Corps Home.
June 10. Ella F. B. Scott of New York city reappointed

for a term to expire February 2, 1909.
June 10. Susan E. Atkins of Buffalo to succeed Ada G.
Mohr, term expired, for a term to expire
February, 191 1.
June 10. George W. Ray of Norwich reappointed for a
term to expire February, 1912.
Confirmed June 11.

Managers of the Craig Colony for Epileptics.

April 17. Abbott Low Dow of Brooklyn reappointed for

'term to expire May 16, 191 1.
April 17. Jeanette R. Hawkins of Malone reappointed

for a term to expire May 16, 191 1.
April 17. William A. Douglas of Buffalo to succeed

George L. Williams, resigned, for a term to

expire May 16, 191 1.

Appointments 15S

April 17. James H. Loomis of Attica reappointed for a

term to expire May 16, 191 1.

Confirmed April 17.

REFORMATORIES

Members of the State Board of Managers of Reforma-
tories.

Jan. 1. Morris M. Wall of Buffalo reappointed for a
term to expire December 31, 1910. Con-
firmed January 13.

April 16. Marvin Olcott of Corning to succeed Justus
H. Harris, deceased, for a term to expire
December 31, 1914. Confirmed April 16.

April 16. Charles J. Liebmann of New York city to
succeed Henry Solomon, resigned, for a
term to expire December 31, 1908. Con-
firmed April 16.

Sept. 26. Charles J. Liebmann of New York city to suc-
ceed himself ; failed to qualify, for a term to
expire January 26, 1909. Recess appoint-
ment requiring confirmation.

Managers New York State Reformatory for Women.

Jan. 15. Katharine Cowdin Marquand of Bedford re-
appointed for a term to expire December
31, 1913. Confirmed January 15.

Sept. 26. Florence Jaffray Harriman of Mt. Kisco.
Recess appointment requiring confirmation.

JUDICIAL

JUSTICE OF THE SUPREME COURT SECOND DISTRICT.

Jan. 1. Abel E. Blackmar of the county of Kings as
a justice of the Supreme Court of and for
the second judicial district, to fill the va-
cancy caused by the filing of the oath of
office of Willard Bartlett pursuant to his
election as an associate judge of the Court
of Appeals. Confirmed January 13.

156 Public Papers of Governor Hughes

Special County Judge — County of Chenango.

Feb. 12. Archie D. Gibbs of Norwich as special county
judge of and for the county of Chenango,
to fill the vacancy created by the resigna-
tion of Julien E. Scott. Confirmed Febru-
ary 12.

Justice of the Supreme Court — Second District.

March 5. Luke D. Stapleton of the county of Kings as
a justice of the Supreme Court of and for
the second judicial district, to fill the va-
cancy caused by the death of George B.
Abbott. Confirmed March 9.

County Judge and Surrogate — Rockland County ;

April 27. Alonzo Wheeler of Haverstraw as county
judge and surrogate of and for the county
of Rockland, to fill the vacancy created by
the death of Andrew X. Fallon.

County Judge ■ — St. Lawrence County.

June 24. Clarence S. Ferris of Canton as county judge
of and for the county of St. Lawrence, to
fill the vacancy created by the resignation
of Ledyard P. Hale.

Surrogate — Ui ster County.

Aug. 3. Walter N. Gill of Kingston as surrogate of
and for the county of Ulster, to fill the
vacancy created by the resignation of
Charles Davis.

Justice of the Supreme Court — First District.

Oct. 13. Matthew Linn Bruce of New York city as a
justice of the Supreme Court of and for
the first judicial district, to fill the vacancy
created by the resignation of David Leven-
tritt.

Appointments 157

HONORARY

Conference of the American Medical Association.

April 3, 1908. Delegate to the Fourth Annual Conference
of the Council on Medical Education of the American Medi-
cal Association, to be held in Chicago, 111., April 13, 1908:
William Warren Potter, M.D., of Buffalo.

Conference of Governors.

April 6, "1908. Delegates to accompany Governor Hughes
to the Conference of Governors, to be held in Washington,
May 13-15, 1908, to consider the conservation of natural re-
sources : Nicholas Murray Butler, President of Columbia
University, New York city ; Jacob Gould Schurman, President
of Cornell University, Ithaca; James S. Whipple, State For-
est, Fish and Game Commissioner, Salamanca.

Conference of Charities and Correction.

April 29, 1908. Delegates to the Thirty-fifth Annual Ses-
sion of the National Conference of Charities and Correction,
to be "held in Richmond, Va., from May 6 to May 13, 1908:
William Rhinelander Stewart of New York; Simon W. Ros-
endale of Albany; Dennis McCarthy of Syracuse; Albert
Warren Ferris, M.D., of New York; Charles F. Howard,
M.D., of Buffalo; Homer Folks of Yonkers; Robert W. De-
Forest of New York; Robert W. Hebberd of New York;
Nathan Bijur of New York; Edward T. Devine of New
York; Thomas M. Mulry of New York; Cornelius V. Collins
of Troy.

Legislative and Good Roads Convention.

July 6, 1908. Delegates to the Legislative and Good Roads
Convention, to be held at Buffalo, N. Y., July 7th and 8th of
the current year, under the auspices of the American Auto-
mobile Association: Hon. William H. Hotchkiss of Buffalo,
Hon. Henry W. Hill of Buffalo, Hon. George A. Davis of
Buffalo, Hon. Jotham P. Allds of Norwich, Hon. Arthur
Warren of Rochester.

158 Public Papers of Governor Hughes

International Fishery Congress.

August' 12, 1908. Delegates to the International Fishery
Congress, to 'be held in Washington, D. C, September 22d to
26th of the current year: Hon. George B. Grinnell of New
York, George E. Jennings of New York, Hermon C. Bumpus
of New York.

Conference on State and Local Taxation.

August 31, 1908. Delegates to the Second International
Tax Conference on State and Local Taxation, to be held in
Toronto, Can., beginning the 6th day of November of this
current year: Lawson Purdy of New York, Prof. Edwin R.
A. Seligman of New York, Hon. Egburt E. Woodbury of
Jamestown.

Road Congress.

August 31, 1908. Delegate to the International Road Con-
gress, to be held in Paris, France, beginning the nth day of
October of this current year: Clifford Richardson of Long
Island City. (Similar credential issued on October 1 to
Philip W. Henry of New York city.)

Fishery Congress.

September 1, 1908. Delegate to the International Fishery
Congress, to be held in Washington, D. C, September 22d
to 26th of the current year: C. H. Wilson of Glens Falls.
(Similar credentials issued on September 19, 1908, to Dr.
Tarleton H. Bean of Smithtown, and B. Frank Wood of
Jamaica.)

State Conservation Commission.

September 2, 1908. Members of the State Conservation
Commission, to act in conjunction with the National Conser-
vation Commission: Hon. James S. Whipple, Forest, Fish,
and Game Commissioner, Chairman ; Hon. Raymond A. Pear-
son, Commissioner of Agriculture; Hon. Henry H. Persons,
President of the Board of State Water Supply Commission-

Appointments 159

ers; Hon. Frederick C. Stevens, Superintendent of Public
Works; Hon. Andrew S. Draper, Commissioner of Educa-
tion; and Hon. Frederick Skene, State Engineer and Sur-
veyor. *

Irrigation Congress.

September 16, 1908. Delegate to the Sixteenth National
irrigation Congress, to be held in Albuquerque, N. Mex.,
beginning the 29th day of September of this current year:
William F. Gurley of Troy, N. Y.

Annual Meeting of the American Prison Association.
November 11, 1908. Delegates to the Annual Meeting of
the American Prison Association, to be held in Richmond,
Va., beginning the 14th day of November of this current
year: Cornelius V. Collins of Troy; Charles F. Howard,
M. D., of Buffalo; Joseph F. Scott of Elmira.

Convention of the Atlantic Deeper Waterways Asso-
ciation.

November 13, 1908. Delegates to the Convention of the
Atlantic Deeper Waterways Association, to be held in Balti-
more, Md., beginning on the 17th day of November of this
current year : George Clinton of Buffalo ; Harry de B. Par-
sons of New York city; William J. Roe of Newburgh; Ar-
thur Knox of New York city; John M. Peters of New York
city, borough of Brooklyn.

Meeting of the National Society for the Promotion of
Industrial Education.

November 13, 1908. Delegate to the meeting of the Na-
tional Society for the Promotion of Industrial Education, to
be held in Atlanta, Ga., beginning on the 19th day of No-
vember of this current year: Arthur D. Dean of Albany.

Convention of the National Rivers and Harbors Con-
gress.
November 16, 1908. Delegates to the Annual Convention
of the National Rivers and Harbors Congress, to be held in

160 Public Papers of Governor Hughes

Washington, D. C, beginning on the 9th day of December
of this current year: Seth Low of New York city, Robert
J. MacFarland of Brooklyn, Frederick C. Stevens of Attica,
Edward H, Butler of Buffalo, John D. Kernan of Utica.

Conference on Weights and Measures.

November 20, 1908. Delegate to the Fourth Annual Con-
ference on Weights and Measures, to be held in Washington,
D. C, on the 17th - day of December of this current year:
Fritz Reichmann of Troy.

Hudson-Fulton Celebration Commission.

Albany, December 29. As additional members of the Hud-
son-Fulton Celebration Commission, recommended by Gov-
ernor Fort of New Jersey:

Hon. Edward C. Stokes, Trenton.

Hon. Franklin Murphy, Newark.

Hon. John F. Dryden, Newark.

Hon. John W. Griggs, Paterson.

Hon. Foster M. Voorhees, Elizabeth.

Hon. George T. Werts, Jersey City.

Hon. John Dyneley Prince, Ringwood.

Mr. James Kerney, . Trenton.
' Mr. Wallace M. Scudder, Newark.

Mr. William T. Hunt, Newark.

Mr. Henry M. Doremus, Newark.

Mr. Thomas J. Hillery, Boonton.

Hon. H. Otto Wittpenn, Jersey City.

Mr. John H. Ramsey, Hackensack. *

Mr. Matthew C. Ely, Hoboken.

The Governor also appointed the Hon. H.. B. Swartwout,
mayor of Port Jervis.*

* Chapter 217, Laws of 1908, included the mayors of cities as
members of the Commission — Port Jervis was omitted.

VII
DESIGNATIONS

VII
DESIGNATIONS

Court Designations

NAME. DESIGNATION.

William J. Gaynor . Redesignated as an Redesignated Janu-
Associate Justice ary i, 1908.
of the Appellate
Division, Supreme
Court, Second De-
partment.

John Woodward... Redesignated as an Redesignated Janu-
• Associate Justice ary 1, 1908.
of the Appellate
Division, Supreme
Court, Second De-
partment.

Joseph A. Burr. . . Designated as an Designated Decem-
Associate Justice ber 24, 1908.
of the Appellate
Division, Supreme

Court, Second De- .'

partment.

Court Designation Revoked.

John S. Lambert. . Designation as an Designation revoked
( Associate Justice January 31, 1908.
of the Appellate
Division, Supreme
Court, First De-
partment ; revoked
at own request.
163

164 Public Papers of Governor Hughes

Designation of Attorney=GeneraI to Attend a Term of
the Supreme Court to be Held in Queens County in
January, 1908, in Relation to the Acquisition of Land
for Kissena Park

State of New York — Executive Chamber.

Albany, January 20, 1908.

Hon. William Schuyler Jackson, Attorney-General of the
State of New York, Albany, N. Y.:

Sir. — ■ Pursuant to the provisions of section 52 of chapter
683 of the Laws of 1892, I hereby require that you, the
Attorney-General of the State of New York, attend in person,
or by one of your deputies, a term of the Supreme Court
appointed to be and being held in and for the county of
Queens for the month of January, 1908, which said term was
appointed to begin upon the first Monday of said month, and
at such later term or terms of said court, appointed or fixed, as
shall be held in and for said county, and that you in person,
or by said deputy, appear before the grand jury drawn and
now sitting for said January term of said court, and before
any grand jury or grand juries which shall be drawn and sit
for any later term or terms of said court, for the purpose of
managing and conducting in said court, and before said Janu-
ary grand jury and said other grand juries, any and all pro-
ceedings, examinations, and inquiries, and any and all criminal
actions and proceedings which may be had or taken by or
before said grand jury so drawn for said January term, or
by or before any such other grand jury upon, concerning, or
relating to any criminal charge against any person, arising,
growing out of, or based upon any purchase of land by the
city of New York for, as, or to be a part of what is, or is
to be, known as Kissena park in the county of Queens; and
that, in person or by your deputy, in the place and stead of
the district attorney of Queens county, you exercise all the

Designations 165

powers and perform all the duties conferred upon you by
said section 52 and by this requirement made thereunder.
(Signed) CHARLES E. HUGHES.

Note. — Original filed with Mr. Ford, Attorney-General's
office, 6:15 p. m. the 20th; duplicate original filed with Sec-
retary of State 9 a. m. the 21st.

Designation of Attorney=General to Attend a Term of
the Supreme Court in New York County (Criminal
Branch) and Conduct Proceedings Before the Grand
Jury Relating to Any Criminal Charge or Charges
Against the American Ice Company

State of New York — Executive Chamber.

Albany, February 11, 1908.

Hon. William Schuyler Jackson, Attorney-General of the
State of New York, Albany, N. Y.:

Sir. — Pursuant to the provisions of section 52 of chapter
683 of the Laws of 1892, I hereby require that you, the
Attorney-General of the State of New York, attend in person,
or by one of your deputies, the present term of the Supreme
Court in and for the'counfy of New York (Criminal Branch),
and at such later term or terms of said court, appointed or
fixed, as shall be held in and for said county, and that you in
person, or by- said deputy, appear before the grand jury drawn
and now in session for said term of said court and before
any grand jury or grand juries which may be drawn and sit
for any later term or terms of said court, for the purpose of
managing and conducting in said court, and before said grand
jury and said other grand juries, any and all proceedings,
examina'tions, and inquiries, and any and all criminal actions
and 'proceedings, which may be had or taken by or before said
grand jury so drawn and in session, or by or before any such
other grand jury, concerning or relating to any criminal charge

166 Public Papers of Governor Hughes

or charges against the American Ice Company, a foreign cor-
poration doing business in this State, and the officers, direct-
ors, managers, or agents thereof, that they, or any of them,
did make or attempt to make or enter into any contract, agree-
ment, arrangement, or combination whereby a monopoly in
the manufacture, production, and sale in this State of ice was
or may be created, established, and maintained, and whereby
competition in this State in the supply and price thereof was
or may be restrained and prevented, and did any acts pur-
suant thereto and for the consummation thereof in violation
of chapter 690 of the Laws of 1899 and the provisions of the
Penal Code; and that, in person or by your deputy, in the
place and stead of the district attorney of New York county,
you exercise all -the powers and perform all the duties con-
ferred upon you by said section 52 and by this requirement
made thereunder.

(Signed) CHARLES E. HUGHES.

Note. — Filed with Attorney-General and Secretary of
State February 11, 1908.

Designation of Attorney=GeneraI to Attend a Term of
the Supreme Court to be Held in Erie County in
.March, 1908, to Conduct a Criminal Action Pending
Against Paul Werner

State of New York — Executive Chamber.

. Albany, February 29, 1908.

Hon. William Schuyler Jackson, Attorney-General of the
State of New York, Albany, N. Y.:

Sir. — 'Pursuant to the provisions of section 52 of chapter
683 of the Laws of 1892, I hereby require that you, the At-
torney-General of this State, attend in person, or by one of
your deputies, a term of the Supreme Court appointed to be
held in and for the county of Erie on the first Monday of
March, 1908, and at such later term or terms of said court

Designations 167

as may be appointed or fixed, for the purpose of managing and
conducting in and before said court a criminal action therein
pending against Paul Werner upon a charge of perjury, upon
an indictment found by the grand jury of Erie county for
the November term, 1907; and that in person, or by your
deputy, in the place and stead of the district attorney of Erie
county, you exercise all the powers and perform all the du-
ties conferred upon you by said section 52 and this require-
ment made thereunder.

(Signed) CHARLES E. HUGHES.

Designation of the Attorney=QeneraI to Attend a Term of
the Supreme Court to Be Held in Allegany County
in March, 1908, and Conduct a Criminal Action
Against Eugene A. Georger

State of New York — Executive Chamber.

Albany, February 29, 1908.

Hon. William Schuyler Jackson, Attorney-General of the
State of New Y-ork, Albany, N. Y .:

Sir.^- Pursuant to the provisions of section 52 of chapter
683 of the Laws of 1892, I hereby require that you, the
Attorney-General of this State, attend in person, or by one
of your deputies, a term of the Supreme Court appointed to
be held in and for the county of Allegany on the first Monday
of March, 1908, and at such later term or terms of said court
as may be appointed or fixed for the purpose of managing
and conducting in and before said court a certain criminal
action therein pending (the same having been removed for
trial to this court, in and for the said county of Allegany,
from the county of Erie) against Eugene A. Georger, the
charge in the indictment against the said Georger being per-
jury ; and that in person, or by your deputy, in the place and
stead of the district attorneys of Erie county and of Alle-

1 68 Public Papers of Governor Hughes

gany county, you exercise all the powers and perform all the
duties conferred upon you by said section 52 and this require-
ment made thereunder.

(Signed) CHARLES E. HUGHES.

Designation of Attorney=General to Attend an Extraor=
dinary Trial Term of the Supreme Court in Clinton
County in August, 1908, and Conduct Proceedings
Before the Grand Jury in Relation to Any Violation
of the Election Law

State of New York — Executive Chamber.

To the Hon. William Schuyler Jackson, Attorney-
General of the State of New York, Albany:

Sir. — Pursuant to the provisions of section 52 of chapter
683 of the Laws of 1892, I hereby require that you, the Attor-
ney-General of this State, attend in person, or by one of your
deputies, an extraordinary Trial Term of the Supreme Court
appointed to be held in and for the county of Clinton on the
3d day of August, 1908, and that you in person or by said
deputy appear before the grand jury drawn for said August
term of said court, and before any grand jury or grand juries
which shall be drawn and sit for any later term or terms
of said court, for the purpose of' managing and conducting
in said court and before said August grand jury, and said
other grand juries, any and all proceedings, examinations,
and inquiries, and any and all criminal actions and proceed-
ings which may be had or taken by or before said grand jury
so drawn for said August term, or by or before any such
other grand jury upon, concerning, or relating to any crimi-
nal charge against any person or persons, growing out of or
based upon any violation, or alleged violation, of the Election
Law of the State of New York, or of the provisions of the
Penal Code of the State of New York relating to crimes
against the elective franchise; and that in person or by your
deputy, in the place and stead of the district attorney of Clin-

Designations 169

ton county, you exercise all the powers and perform all the
duties conferred upon you by said section 52 and this require-
ment made thereunder.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this seventh
[l. s.] day of July in the year of our Lord one thousand
nine hundred and eight.

(Signed) . CHARLES E. HUGHES.
By the Governor :

George Curtis Treadwelc,

Acting Secretary to the Governor.

Designation of Charles S. Whitman to Assist in the
Prosecution of Criminal Actions at an Extraordinary
Trial Term of the Supreme Court in Clinton County
in August, 1908, in Relation to Any Violation of the
Election Law

State of New York — Executive Chamber.

Whereas, The Governor of the State of New York has
issued a requirement to the Attorney-General of the State of
New York which reads as follows :

" Pursuant to the provisions of section 52 of chapter 683.
of .the Laws of 1892, I hereby require that you, the Attorney-
General of this State, attend in person, or by one of your
deputies, an extraordinary Trial Term of the Supreme Court
appointed to be held in and for the county of Clinton on the
3d day of August, 1908, and that you in person or by said
deputy appear before the grand jury drawn for said August
term of said court, and before any grand jury or grand juries
which shall be drawn and sit for any later term or terms of
said court, for the purpose of managing and conducting in
said court and before said August grand jury, and said other
grand juries, any and all proceedings, examinations, and in-
quiries, and any and all criminal actions and proceedings
which may be had or taken by or before said grand jury so

170 . Public Papers of Governor Hughes

drawn for said August term, or by or before any such other
grand jury upon, concerning, or relating to any criminal
charge against any person or persons, growing out of or
based upon any violation, or alleged violation, of the Election
Law of the State of New York, or of the provisions of the
Penal Code of the State of New York, relating to crimes
against the elective franchise; and that in person or by your
deputy, in the place and stead of the district attorney of
Clinton county, you exercise all the powers and perform all
the duties conferred upon you by said section 52 and this
requirement made thereunder."

Therefore, In pursuance of the authority conferred upon
me by section 55 of the Executive Law, and it appearing to
my satisfaction that the public interest requires it, I do
hereby designate and employ

Honorable Charles S. Whitman

of New York city as attorney and counsel to assist in the
transaction of legal business mentioned in the requirement
hereinbefore set forth, and to assist in the management,
presentation, conducting, and prosecution of the inquiries,
examinations, criminal actions, and proceedings therein men-
tioned, and to perform all such services with reference to
said business as may be necessary or proper.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this seventh
[l. s.] day of July in the year of our Lord one thousand
nine hundred and eightt

(Signed) CHARLES E. HUGHES.

By the Governor :

George Curtis Treadwell,'

Acting Secretary to the Governor.

VIII
SPECIAL TERMS OF COURT

VIII
SPECIAL TERMS OF COURT

Extraordinary Trial Term

JUDGE

Pascal C. J. De An-
gelas.

Henry B. Coman...

Watson M. Rogers.

Garret J. Garretson.

PLACE

ACTION TAKEN BY
GOVERNOR ■

Oswego, Oswego Designated on Febru-

County, on March ary 12, 1908, to hold

16, 1908. extraordinary trial
term.

Plattsburg, Clinton Designated on July 7,

County, on August 1908, to hold extraor-

3, 1908. dinary trial term.

Borough of Brooklyn, Designated on August

City of New York, h 1908.

on August 25, 1908. i

Flushing, Queens Designated on August

County, September 29, 1908, to hold ex-

21, 1908. traordinary trial term.

173

IX

REMOVAL PROCEEDINGS AND
COMPLAINTS

IX
REMOVAL PROCEEDINGS AND COMPLAINTS

Proceedings for the Removal of the Superintendent of

Insurance

Charges were laid before the Governor on August 12, 1907.

APPOINTMENT OF COMMISSIONER.

Matthew C. Fleming, of New York city, was appointed a commis-
sioner on August 20, 1907, under chapter 539 of the Laws of 1907, to
investigate the Insurance Department. He made his report to the
Governor on January 30, 1908, recommending the removal of the
Superintendent.

MESSAGE TO THE SENATE.

State of New York — Executive Chamber.

Albany February it, 1908.
To the Senate:

In August last charges were filed against the Superintend-
ent of Insurance which related to his administration o£ that
department. I appointed Mr. Matthew C. Fleming of the
New York Bar, under section 7 of the Executive Law, to in-
vestigate those charges and generally to examine into the af-
fairs of the department. I transmit to you herewith his re-
port, together with the testimony taken by him.

The Department of Insurance and the office of Superintend-
ent of Insurance were created by the Legislature. The Super-
intendent is appointed by the Governor by and with the advice
and consent of the Senate, and holds his office for three years
subject to removal by the Senate upon the recommendation of
the Governor. The power to remove is not dependent upon

178 Public Papers of Governor Hughes

the presentation of charges as in the case of officers remov-
able by the Governor pursuant to the Constitution, or as in
the case of elected State officers removable by the Senate.

This is the case of an appointed head of a department
where the Legislature has provided an absolute power of re-
moval. The only question is whether the removal of the offi-
cer is in the interest of. the service of the State.

I am not unmindful of the labors of the department, of the
multiplicity of details with which it is concerned, of the vol-
ume of its correspondence, of the many questions submitted
to it for decision and its required action upon a great variety
of matters under the statute. Although to some extent re-
cently increased, these duties have existed and a vast amount
of work has been performed for many years. Yet side by
side with these departmental activities there grew Up waste-
ful and corrupt methods which scandalized the country and
brought the supervision of the department with regard to the
important interests of the holders of life insurance policies
into contempt.

It became obvious that a department might exist with a
large staff apparently busily employed; that its labors might
be represented in volumes of reports; that it might make
recommendations for legislation and pass upon a multitude of
questions in the course of department routine without taking
measures of first importance within its powers for the pre-
vention of abuses and the protection of the policyholders.
There was probably no time prior to the insurance investiga-
tion of 1905 when the Insurance Department could not have
made an imposing report of the difficulties which it had to
encounter, the burdens it was required to bear, and the in-
cessant labors which it performed:

But in that investigation it also appeared that if its energy
had been well directed and the department had been efficient
in the true sense most of the scandals which were revealed
could not have existed.

I also appreciate the fact that the present Superintendent
on taking office confronted unusual conditions. But" he had'
conspicuous advantages. He took office with abuses ascer-

Removal Proceedings and Complaints 179

tained ; with the derelictions of the department known ; and
with clearly denned obligations which were not left for him
to discover, but which were writ large in the minds 'of all
the people of the State. He was also equipped with addi-
tional powers.

I am mindful of the important reforms which through the
pressure _of public opinion and necessary legislation have been
made in life insurance management; of the economies which
have been effected ; and of the improper practices which have
been abandoned. But it is the business of the State to assure
policyholders that old conditions shall not be permitted to re-
turn, and that every needed reform shall be carried out. Leg-
islation must be supplemented by vigorous departmental action.
It is essential that the Superintendent should be fully alive to
the exigency and should make suitable use of his power.

Mr. Kelsey tbok office on May 16, 1906, and has now served
more than one-half his term. At the time Mr. Fleming began
the taking of testimony, he had served for a year and five
months. He had had full opportunity to show whether he ,
was equal to his important duties.

But the facts submitted establish beyond cavil that the pres-
ent Superintendent has not measured up to the standard which
the State must maintain and upon which, in deference to the
vast interests involved, it is my duty, so far as my power goes,
to insist.

Superintendent Kelsey has failed properly to reorganize the
department and thus to meet an obvious obligation. The work
of the department had been a travesty on State supervision.
Had it been a branch of the life insurance companies them-
selves it could hardly have been less effective in enforcing
the rights of those for whose protection it was supposed to
exis*-. It must have been clear to any one competent to be its
chief and to establish it uoon a proper basis, that a thorough
overhauling was necessary. No amount of routine work or
of assiduity in other directions can avail to obscure this para-
mount duty.

The Superintendent has had a free hand, as it appears that
only three of his subordinates were veterans. He has had
abundant time. But the house has not been cleaned.

180 Public Papers of Governor Hughes

Mr. Vanderpoel and Mr. Hunter, whose detention despite
the disclosures of the insurance investigation, was made the
subject of criticism last year, resigned and left the department
at the end of January and February last respectively. - The
examining force has been strengthened by the appointment
of new men. But in other respects very little has been done
to improve the efficiency and trustworthiness of the organi-
zation. Those whose neglect facilitated the disclosed abuses
still retain their places.

There has been no appropriate effort to fix responsibility for
the past derelictions of the department and to determine by
suitable inquiry upon whom reliance could be placed. The
Superintendent has also failed to give specific instructions in
order to guard against repetition of neglect.

In these circumstances such repetitions are likely to occur
and have occurred. Thus in the annual statements filed last
year, as of December 31, 1906, transactions appeared which
under the ruling of the Superintendent were illegal, but they
passed unnoticed until Mr. Fleming's examination. If, as now
stated, the reports themselves are erroneous in these particu-
lars this fact may absolve the company, but it does not save
the departmental work from the discredit of failure to dis-
cover the transactions which on the face of the reports as
filed were contrary to law. So also, the omission of particu-
lars required by the -statute to be made in the "annual state-
ment, and other matters which were set forth and which
plainly demanded inquiry, escaped attention.

In the insurance investigation it was urged that the depart-
ment was one of audit only; that its business was to attest
the solvency of the companies and not to supervise their
management.

In testifying before the judiciary committee of the Senate
last March with regard to this important matter of audit the
Superintendent thus described the work of his statistical
bureau (Proceedings, ed. 1907, page 43; ed. 1908, pages
95-96) :

" The financial statements are turned over to the statistician
and he audits them and makes the abstracts and tabulations
that appear in the annual report: * * *

Removal Proceedings and Complaints 181

" Q. What. are the other duties in connection with that?
Is there any audit of annual statements? A. I stated that
when I was speaking before ; they are all audited by the State
statistician, and it requires frequently voluminous correspond-
ence; various items or conditions need explanation or correc-
tion, the putting in of assets that are not to be admitted and
frequently a number of letters are written back and forth
before the account is properly stated and filed. * * *

" Q. Is there any examination with respect to the securi-
ties? A. Yes, sir.

" Q. What is that? A. As to the verification of it = — as to
the values, the market quotations, the amount they claim credit
for — whether they are accurate or not ; all of that is gone
through and corrected.

" Q. In that department ? A. Yes."

Despite this testimony it now appears that there, is no audit
worthy the name. The State statistician not only does not
make any adequate attempt to verify the market value of the
securities reported each year, but it appears he has never
been instructed to do so. This matter was considered in Mr.
Fleming's examination. And in order to have a suitable audit
the Superintendent proposes in his last report (January, 1908,
page 15), "a special bureau of audit'' which he says will be
necessary " if the duty of thoroughly examining the schedules
of assets filed- by insurance companies and the elimination of
errors in description and valuation of securities is to be effi-
ciently performed. The services, of experts in fixing the fair
and reasonable value of securities in detail will also be indis-
pensable.".

But the necessity for this should long ago have been dis-
covered and provision for a proper audit made. This did not
require any elaborate inquiry. It was the duty of the Super-
intendent to avail himself to the utmost of the machinery he
possessed and promptly to ascertain and present his additional
needs.

The condition of the companies, however, cannot be ascer-
tained without an audit of liabilities as well as of assets. . And
in determining these liabilities the valuations of the outstand-

1 82 Public Papers of Governor Hughes

ing policies by which the amount of the necessary reserve
is fixed are of the first importance. But these are without
proper verification. It appears that in the case of the large
life insurance companies, for some years, the policies have
been presented on loose sheets in groups without policy num-
bers. The calculations are made by the companies' actuaries,
these calculations being simply checked by the department.
They are presented in a manner which makes them extremely
difficult of verification by any comparison with the companies'
books, and in the case of the four large companies, save in
the case of one company in one year, it does not appear that
the sheets made up by the companies have been suitably veri-
fied since the group system was adopted. As Mr. Fleming
says, " from these sheets it would also be impossible to detect
fraudulent lapses and restorations or changes in the method
of valuing a given policy." These sheets go back and forth
from the companies to the department for correction. There
is no audit in any proper sense.

It is evident that no proper supervision of the companies
can be maintained simply by scrutiny of the annual statements
or by full examinations which take place at long intervals.
It is essential that in the course of the year and during the
periods between examinations the Superintendent should call
for information such as will enable him to keep reasonably
posted with reference to important classes of transactions.
This is specially important with reference to companies whose
past transactions have merited criticism. In this way alone
by repeated demands to test the course of management, can
adequate protection to the policyholders be assured through
the supervision of the State. Requiring information from time
to time as to purchases and sales, collateral loans, etc., is a
necessary feature of efficient departmental work. Particu-
larly is this so with reference to the disposition made by com-
panies of stocks which they are required to dispose of under
the law. And by this method, with its attendant publicity, the
use of the accumulations of the companies to advance the
personal interests of officers, directors, or other persons in
position to influence the management may be prevented.

Removal Proceedings and Complaints 183

It was not until about November last, and after Mr. Flem-
ing had begun his inquiries, that the Superintendent began to
require such ad interim reports, and hence has been unfa-
miliar with important transactions and he has failed to«make
such inquiry or protest as the nature of the transactions
required.

The demand for such supervision is entirely reasonable and
an administration which for a year and a half omitted it is
unworthy of continued confidence. Reflection upon the vital
importance of the interests concerned, of the vast number of
our people who depend upon life insurance for the security
of their homes, of the enormous accumulations made up of
the contributions of policyholders which afford constant temp-
tation to extravagance and unscrupulous scheming should
make us realize that their supervision should be constant and
vigorous,' and that lack of it and the want of appreciation of
its need should not be tolerated:

It is not necessary to take up in detail the various matters
commented upon by Mr. Fleming. They appear sufficiently
in his report, and without repetition here I commend them to
your careful consideration. The delays in instituting reforms
that are plainly needed, the failure to take full advantage of
the machinery provided by law for the protection of the rights
of policyholders, the lack of proper attention to matters as to
which the department is in a position greatly to aid the policy-
holders in securing the proper fulfilment of their contracts, are
without excuse.

I may mention the case of the Provident Savings Life
Assurance Society. The abuses which existed in connection
with its then control were disclosed, in the insurance investi-
gation in 1905. Following this, arrangements were made,
through a disposition of its stock, to place it upon a better
footing. In January, 1907, however, the stock control passed
to those who apparently contemplated the improper manipula-
tion of its funds. It appears that securities to a large extent
were sold, and instead of being properly reinvested, the pro-
ceeds were placed in banks in which the purchasers of the
stock were interested. Had the department been watchful and

184 Public Papers of Governor Hughes

had it been its practice to secure periodic reports it would have
been fully advised of the situation. Instead, it was apparently
in complete ignorance.

About September nth Mr. Kelsey was informed by Hon.
Edward W. Hatch, one of the gentlemen who acted as his
counsel in the removal proceedings last spring, that he had
heard that " there were matters in the Provident Savings that
needed attention." The same day an officer of a prominent
corporation told him the same thing, " in about the same
language." The latter informed him of reports as to litiga-
tion with reference to the purchase of the stock of the com-
pany. Beyond some general and inadequate inquiries, Mr.
Kelsey did nothing. He made no suitable attempt to possess
himself of information as to the financial condition of the
company. Three or four weeks later the Insurance Commis-
sioner of Colorado was led by reports of the purchase of a
controlling interest in the company to make a preliminary
survey, wihich disclosed the manner in which the funds of the
company had been handled and the necessity of a thorough
examination. Although he had received from a source deserv-
ing credit an advance intimation of difficulties in the company,
Superintendent Kelsey failed to take advantage of his oppor-
tunity or to perform his duty and he first learned of the man-
ner in which the funds of the company had been used from
information which the Colorado Commissioner had obtained
and furnished him. Following his preliminary survey the
Colorado Commissioner began a full examination and invited
the New York Superintendent to join him. Mr. Kelsey did
join him, and through examiners rendered valuable assistance.

It appears that Mr. Kelsey was busy at the time in making
an examination of another company. But a few well-directed
inquiries would have given him the same preliminary survey
which the Colorado Commissioner obtained. The existing
financial conditions made prompt action important. Whether,
or when, any action would have been taken had it not been for
the intervention of the Colorado Commissioner may be left to
conjecture. And to say the least it is mortifying in the ex-
treme in view of the powers of the Superintendent and the

Removal Proceedings and Complaints 185

facts recently disclosed in this State, it should be left to a
commissioner from Colorado to reveal the necessity of the
examination of a New York corporation. «

The matter now presented to you is one which transcends
any question of personal regard. It involves the credit of the
State. In the circumstances to which I have referred the
people of the State are without confidence in the administra-
tion of this important department. That confidence should be
restored. The conduct of the department should exhibit that
care, thoroughness, and vigilance which will guarantee ade-
quate protection to the interests of the policyholders, and at
J:he same time justly insure the standing and promote the
success of the companies bearing the seal of the department's
approval. This object, I am convinced, can be obtained in
only one way, and that is by having the department placed in
other hands. The interests of the State require a change
should be made. »

I, therefore, recommend that Otto Kelsey, Superintendent
of Insurance, be removed from his office.

(Signed) CHARLES E. HUGHES.

ACTION OF THE SENATE.

State of New York — In Senate.

Albany, February 26, 1908.

Pursuant to section 22 of the Public Officers Laws (chap-
ter 681 of the Laws of 1892), we, Lewis Stuyvesant Chanler,
President of the Senate, and Lafayette B. Gleason, Clerk of
the Senate, do hereby certify that, at the session of the Senate,
held on the 26th day of February, 1908, the President put
the following question :

" Shall Otto Kelsey be removed from the office of
Superintendent of Insurance?"

and it was decided in the negative, as follows :

i86

Public Papers of Governor Hughes

AYES.

Agnew

Armstrong

Burr

Carpenter

. Cobb

Cordts

Davis

Dunn

Emerson

Foelker

Fuller

Gilchrist

Heacock

Hinman

Knapp

Page

Saxe

Taylor

Travis

NAYS.

Ackroyd

Allds

Boyce

Cassidy

Cohalan

Cullen

Fancher

Franchot

Frawley

Gates

Grady

Grattan

Harte

Hasenflug

Hill

Hooker

McCarren

McManus

Mullaney

O'Neil

Owens

Raines

Ramsperger

Smith

Sohmer

Sullivan

Tully

Wemple

White

Wilcox

19

30

In Witness Whereof we have set our hands and
caused the official seal of the Senate of the State
[l.s.] of New York to be hereunto affixed this twenty-
sixth day of February, nineteen hundred and eight.
(Signed) LEWIS STUYVESANT CHANLER,

President of the Senate.

(Signed) LAFAYETTE B. GLEASON,

Clerk of the Senate.

Removal Proceedings and Complaints 187

Proceedings for the Removal of the District Attorney of
New York County s

Charges by a committee of stockholders of the Metropolitan Street
Railway Company, William F. King, chairman, were laid before the
Governor on February 25, 1908.

Notice and Summons.
State* of New York — Executive Chamber.

before the governor.

In the Matter vf the Charges against William Travers Jerome,
District Attorney of the County of New York.

To William Travers Jerome, District Attorney of the
County of New York:

You are hereby notified that charges have been preferred
against you, and that your removal from the office of district
attorney of the county of New York thereon has been asked
by William F. King and I. Blum.

A copy of such charges is herewith served upon you.
I hereby fix the 9th day of March, 1908, at noon, as the
date on or before which your answer to said charges shall be
filed with me ; and you are further notified that on said 9th
day of March, 1908, or on such later day or days as may be
appointed by me, you will be afforded an opportunity of being
heard in your defense.

In Witness Whereof, I have hereunto set my hand

and affixed the Privy Seal of the State at the

[l.s.] Capitol in the city of Albany this twenty^eighth day

of February in the year of our Lord one thousand

nine hundred and eight.

(Signed) CHARLES E. HUGHES.

By the Governor :

Robert H. Fuller,

Secretary to the Governor.

188 Public Papers of Governor Hughes

HEARING BEFORE GOVERNOR

District Attorney Jerome submitted to Governor Hughes on March
9, 1908, his answer to the charges. The petitioners were represented
by counsel.

APPOINTMENT OF COMISSIONER ANDREWS

State of New York — Executive Chamber.

before the governor'.

Appointment of Commissioner.

In the Matter of the Charges against William Travers Jerome,
District Attorney of the County of New York.

Charges having been filed with me on the 27th day of Feb-
ruary, 1908, by William F. King and I. Blum against William
Travers Jerome, district attorney of the county of New
York, with a petition that he be removed from his office of
district attorney,

Now, ' Therefore, Pursuant to the statute in such case
made and provided,- 1 do hereby appoint Honorable Charles
Andrews of Syracuse, to take evidence as to the truth of said
charges, so far as the same relate to the conduct of the office
of said district attorney and his performance of duty during
his present term of office.

And I hereby direct said commission er^to report to me said
evidence and his findings of the material facts deemed by him
to be established in connection with said charges, together with
his conclusions thereon.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this sixteenth
[l.s.1 day of March in the year of our Lord one thou-
sand nine hundred and eight.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to tlie Governor.

Removal Proceedings and Complaints 189

RESIGNATION OF THE COMMISSIONER

New York,. March 30, 1908.

The Hon. Charles E. Hughes:

My Dear Governor. — : I was as you know reluctant to
accept the" appointment of commissioner in the Jerome inves-
tigation with which you honored me.

I also stated in my interview with you that I had arranged
to go abroad in June.

When I accepted the appointment I did not appreciate the
amount of time and labor involved in hearing the case. The
investigation was commenced on Thursday, March 26th. But
one of the twenty-three charges has so far been the subject
of inquiry and more than 300 typewritten pages of testimony
exclusive of exhibits have been taken, and the evidence for
the defense, on this charge, has not been entered upon.

It seems probable, in view of the numerous charges to be
investigated, and the necessary delays which will occur, that
the investigation will not be completed in time to enable me to
prepare my report before I leave home in June. Under the
circumstances I think I ought to resign my office of commis-
sioner, and I, therefore, send you my resignation.

Permit me to thank you for the expression of confidence
implied in my appointment and to express my regret that cir-
cumstances prevent my continuing to discharge the duty con-
fided to me.

I am, mit dear Governor, with sentiments of the highest
respect,

Yours very truly,
(Signed) CHAS. ANDREWS.

190 Public Papers of Governor Hughes

appointment of commissioner hand

State of New York — Executive Chamber.

before the governor.

Appointment of Commissioner.

In the Matter of the Charges against William Travers lerome,
District Attorney of the County of New York.

Charges having been filed with me on the 27th day of Feb-
ruary, 1908, by William F. King and I. Blum against William
Travers Jerome, district attorney of the county of New
York, with a petition that he be removed from his office of
district attorney.

Now, Therefore, Pursuant to the statute in such case made
and provided, I do hereby appoint Richard L. Hand, Esq., of
Elizabethtown, to take evidence as to the truth of said
charges, so far as the same relate to the conduct of the office
of said district attorney and his performance of duty during
his present term of office.

And I hereby direct said commissioner to report to me said
evidence and his findings of the material facts deemed by him
to be established in connection with said charges, together
with his conclusions thereon, and

Whereas, Hon. Charles Andrews, heretofore appointed
by me as commissioner to take evidence as to the truth
of said charges, did resign after having taken certain evidence,
I do hereby direct that said Richard L. Hand, Esq., as such
commissioner may receive in evidence before him the evidence
so taken by said, the Hon. Charles Andrews, -with the
same effect as if the witnesses were re-examined.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this sixteenth

[l.s.] day of April in the year of our Lord one thou-
sand nine hundred and eight.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.

Removal Proceedings and Complaints 191

ADDITIONAL CHARGES FILED £i :

Additional charges by the committee of stockholders of the Metro-
politan Street Railway Company were laid before the Governor on
June 2, 1908.

State of New York — Executive Chamber.

before the governor.

In the Matter of the Additional Charges against William*
Travers Jerome, District Attorney of the County of New
York, filed with the Governor by William F. King and
I. Blum on the 2d day of June, 1908.
To William Travers Jerome, District Attorney of the County
of New York:
You are hereby notified that additional charges, dated May
29, 1908, and filed with me on the 2d day of June, 1908, have
been preferred against you, and that your removal from the
office of district attorney of the county of New York thereon
has been asked by William F. King and I. Blum.

A copy of such additional charges is herewith served upon
you.

You may file with me your answer thereto at any time on
or before the 16th day of June, 1908, and thereafter, at such
time as may be appointed, you will be afforded an opportunity
of being heard in your defense.

In Witness Whereof, I have hereunto set my hand,

and affixed the Privy Seal of the State at the

[l.s.] Capitol in the city of Albany this eighth day of

June in the year of our Lord one thousand nine

hundred and eight.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.

192 Public Papers of Governor Hughes

ADDITIONAL CHARGES REFERRED TO COMMISSIONER HAND

State of New York — Executive Chamber,
before the governor.
Appointment of Commissioner.
In the Matter of the Additional Charges against William
Travers Jerome, District Attorney of the County of New
York, Med with the Governor by William F. King and
, I. Blum on the 2d day of June, 1908.
Additional charges having been filed with me on the- 2d
day of June, 1908, by William F. King and I. Blum against
William Travers Jerome, district attorney of the county of
New York, with a petition that he be removed from his office
of district attorney,

Now, Therefore, Pursuant to the statute in such case made
and provided, I do hereby appoint Richard L. Hand, Esq.,
of Elizabethtown, to take evidence as to the truth of said
charges.

And I hereby direct said commissioner to report to me said
evidence and his findings of the material facts deemed by him
to be established in connection with said charges, together
with his conclusions thereon.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this sixteenth
[l.s.J day of June in the year of our Lord one thou-
sand nine hundred and eight.

(Signed) CHARLES E. HUGHES.

By the Governor :

Robert H. Fuller,

Secretary to the Governor.

REPORT OF COMMISSIONER *

The Commissioner made his report to the Governor on August 20,
1908, recommending that the charges be dismissed.

* The charges against the district attorney of New York county were
dismissed by Governor Hughes (jn March 23, 1909. See Public Papers
of Governor Hughes for the year 1909.

Removal Proceedings and Complaints 193

Proceedings for the Removal of the President of the
Borough of Queens of the City of New York *

Charges by Theodore E. Pettit and Christian G. Andersen were laid
before the Governor on April 16, 1908.

Notice and Summons.

State of New York — Executive Chamber.

before the governor.

In the Matter of the Charges against Joseph Bermel, Presi-
dent of the Borough of Queens of the City of New
York.

To Joseph Bermel, President of the Borough of Queens of
the City of New York:

You are hereby notified that charges have been preferred
against you, and that your removal from the office of presi-
dent of the 'borough of Queens of the city of New York
thereon has been asked by Theo. E. Pettit and Christian G.
Andersen.

A copy of such charges is herewith served upon you.

I hereby fix the 27th day of April, 1908, at noon, as the
date on or before which your answer to said charges shall
be filed with me ; and you are further notified that thereafter,
and on such day or days as may be appointed by me, you will
be afforded an opportunity of being heard in your defense.

In Witness Whereof, I have hereunto set my hand

and affixed the Privy Seal of the State at the

[l.s.] Capitol in the city of Albany this seventeenth day

of April in the year of our Lord one thousand

nine hundred and eight.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the. Governor.

194 Public Papers of Governor Hughes

APPOINTMENT OF COMMISSIONER ORDWAY*

State of New York. — Executive Chamber.

before the governor.

In the Matter of the Charges against Joseph Bermel, Presi-
dent of the Borough of Queens of the City of New
York.

Charges having been filed with me on the 16th day of
April, 1908, by Theo. E. Pettit and Christian G. Andersen
against Joseph E. Bermel, president of the borough of
Queens of the city of New York, with a prayer that he be
removed from his office of borough president of the borough
of Queens of the city of New York; and

A copy of such charges having been given to said Joseph
Bermel ;

Now, Therefore, Pursuant to the statute in such case
made and provided, I do hereby appoint Samuel H. Ordway,
Esq., of the city of New York to take evidence as to the
truth of said charges.

And I hereby direct said commissioner to report to me said
evidence and his findings of the material facts deemed by
him to be established in connection with said charges, to-
gether with his conclusions thereon.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this twenty-
[l.s.] eighth day of April in the year of our Lord one
thousand nine hundred and eight.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller.,

Secretary to the Governor.

* No answer was made by the president of the borough of Queens,
city of New York, and on April 29, 1908, he resigned his office.

Removal Proceedings and Complaints 195

Proceedings for the Removal of the Police Commissioner
of the City of New York

Charges by the Society for the Prevention of Crime, Charles H.
Parkhurst, president, were laid before the Governor on March n,
1908.

Notice and Summons.

State of New York — Executive Chamber.

before the governor.

In the Matter of the Charges against Theodore A. Bingham,
Police Commissioner of the City of New York:

To Theodore A. Bingham, Police Commissioner of the City
of New York:

You are hereby notified that charges have been preferred
against you, and that your removal from the office of police
commissioner of the city of New York thereon has been
asked, by the Society for the Prevention of Crime, by Charles
H. Parkhurst, president, and Thaddeus D. Kenneson, sec-
retary.

A copy of such charges is herewith served upon you.
I hereby fix the 23d day of March, 1908, at noon, as the
date on or before which your answer to said charges shall
be filed with me ; and you are further notified that thereafter,
and on such day or days as may be appointed by me, you
will be afforded an opportunity of being heard in your
defense.

In Witness Whereof, I have hereunto set my hand

and affixed the Privy Seal of the State at the

[l.s.] Capitol in the city of Albany this thirteenth day

of March in the year of our Lord one thousand

nine hundred and eight.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.
Briefs were filed with the Governor in answer, on March 23, 1908.

196 Public Papers of Governor Hughes

Proceedings for the Removal of the Mayor of the City
of New York

Charges by the Society for the Prevention of Crime, Charles H.
Parkhurst, president, were laid before the Governor on March n,
1908.

Notice and Summons.

State of New York — Executive Chamber.

before the governor.

In the Matter of the Charges against George B. McClellan,
Mayor of the City of New York.

To George B. McClellan, Mayor of the City of New York:

You are hereby notified that charges have been preferred
against yoUj and that your removal from the office of mayor
of the city of New York thereon has been asked, by the
Society for the Prevention of Crime, by Charles H. Park-
hurst," president, and Thaddeus D. Kenneson, secretary.
A copy of such charges is herewith served upon you.
I hereby fix the 23d day of March, 1908, at noon, as the
date on or before which your answer to said charges shall
be filed with me; and you are further notified that thereafter,
and on such day or days as may be appointed by me, you
will be afforded an opportunity of being heard in your de-
fense.

In Witness Whereof, I have hereunto set my hand

and affixed the Privy Seal of the State at the

[l'.s.] Capitol in the city of Albany this thirteenth day

of March in the year of our Lord one thousand

nine hundred and eight.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.
Briefs were filed with the Governor in answer, on March 23, 1908.

Removal Proceedings and Complaints 197

Proceedings for the Removal of the Mayor of Troy

Charges by the Excise Committee of the Ministerial Union, George
E. Stockwell, chairman, were laid before the Governor on February

15, 1908.

Charges Not Entertained.

State of New York — Executive Chamber.

Albany, March 5, 1908.

In the Matter of the Petition of George E. Stockwell, for the
Removal of Elias P. Mann, Mayor of the City of Troy.

A petition has been filed by George E. Stockwell for the
removal, upon charges, of Elias P. Mann, mayor of the city
of Troy. Apart from the merits of the charges the question is
presented as to the authority of the Governor to entertain
them. The petitioner claims to find this authority in chapter
670 of the Laws of 1892 — the former charter of the city of
Troy — which provides in section 2 of title 2 relating to the
mayor, that he may be removed by the Governor for mal-
feasance in office in the same manner as sheriffs.

In 1898 (Laws of 1898, chapter 182) the Legislature estab-
lished a uniform charter for second-class cities and repealed all
laws inconsistent with its provisions. Troy as a second-class
city became subject to this uniform charter.

The reasons for giving the Governor the power to remove
the mayor of any second-class city are equally applicable to
all the second-class cities. It is not a case where there would
be ground for permitting differentiation in legislation to suit
the local needs of these cities.

If the Governor should have power to remove the mayor
of the city of Troy he should have like power to remove the
mayor of the city of Albany and of Syracuse and other cities
in the same class, and if in the judgment of the Legislature
there should be such power, plainly it would have been con-
ferred by the uniform charter. This was the opinion of the
commissioners who were appointed to propose legislation for
cities of the second class. In their report they said : " We

198 Public Papers of Governor Hughes

propose to give the mayor large power and great responsibil-
ity. He is the executive head of the city government. He
appoints, and under certain conditions may remove, nearly all
the city officers, and thus he can hold them to responsibility
for the manner in which they discharge their duties. He
himself, after a hearing and proof of charges preferred
against him, may be removed from office by the Governor."

This recommendation was not followed by the Legislature,
and the uniform charter as adopted gives no such power.
If. seems that the Governor did not at the time of the adop-
tion of this charter have the power to remove the mayor in
any of the cities concerned except the city of Troy, and the
action of the Legislature clearly shows that it was not
deemed advisable to give him such power in the case of the
oecond-class cities. The uniform charter was revised in 1906
(Laws of 1906, chapter 473) but with regard to this matter
was left unchanged.

It is insisted, however, that the original provision of
chapter 670 of the Laws of 1892 relating to the city of
Troy still exists, upon the ground that it should be regarded
as not inconsistent with the uniform charter and hence as not
repealed. It is not necessary, however, that such inconsistency
should appear by language explicitly denying the power con-
ferred by the former provisions. In comparing the uniform
charter with the old charter of the city of Troy it is found
that the uniform charter provides a new scheme as to city
officers and their responsibility. It is provided that the term
d£ the mayor shall be two years and there is no suggestion
that the incumbent of the office, elected by the people, may
be ousted by the Governor. There are provisions with
regard to the removal of city officers (where they are re-
movable upon charges) which would be incongruous (if
applied thereto) with respect to the exercise of the jurisdic-
tion which the Governor ordinarily has in removal proceed-
ings, as for example in the case of sheriffs, to which the
former provision -of the Troy charter referred.

It is not necessary to enter into an exhaustive statement of
the reasons which lead me to believe that there is, to say the

Removal Proceedings and Complaints 199

least, grave doubt whether the Governor has this power in
the case of the mayor of the city of Troy. The power of
the Governor to remove mayors of cities and thus to secure
proper accountability to the State is a salutary and most im-
portant power. But it is also an extraordinary power, as it
places in the hands of the executive the authority to depose
the officer elected by the people.

If it is the desire of the people, acting through their repre-
sentatives, that the Governor should exercise this power, it
should be conferred in unmistakable terms. The executive
should not seize it in a doubtful -case. Much less should he
base his action upon a doubtful claim that a provision in one
charter of a city of the second class has survived the adop-'
tion of the new scheme set forth in the uniform charter of
such cities, when in enacting this charter the Legislature dis-
approved the formal recommendation that the Governor
should have the power of removal of the mayors of these
cities, and has refused to confer this power in an appro-
priate manner.

I, therefore, deem it my duty not to entertain these pro-
ceedings.

(Signed) CHARLES E. HUGHES.

200 Public Papers of Governor Hughes

Proceedings for the Removal of the State Superintendent
of Elections for the Metropolitan Elections District

Charges by Nathan Vidaver and Sylvester L. Malone, in behalf of
the Independence League, were laid before the Governor on November
27, 1907, and a notice and summons were issued to the Superintendent
of Elections for the Metropolitan District on November 27, 1907.

APPOINTMENT OF COMMISSIONER CLINCH*

State of New York — Executive Chamber. •
before the governor.

In the Matter of the Charges against William Leary, the
State Superintendent of Elections for the Metropolitan
Elections District.

ORDER APPOINTING COMMISSIONER

Charges having been preferred against William Leary, the
State Superintendent of Elections for the Metropolitan Elec-
tions District, by Nathan Vidaver, Sylvester L. Malone,
James A. Donegan, James A. Allen, M. F. Ihmsen, and M. J.
Mack, stated to 'be a committee acting in behalf of the Inde-
pendence League, and a copy thereof having been served
upon the said William Leary with notice to answer said
charges within eight days after service thereof, and the said
William Leary having filed his answer making denial of said
charges preferred therein;

I do hereby appoint the Hon. Edward S. Clinch, of the
city and county of New York, a commissioner to exam-
ine witnesses and take evidence as to the truth of said
charges, and to report the evidence to the Governor and
also the material facts which he shall deem to be established ;
and

* See Public Papers of Governor Hughes for the year 1907 for
notice and summons.

Removal Proceedings and Complaints 201

It is hereby further ordered that the said examination
before such commissioner proceed with all convenient speed.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this seventh
[l.s.] day of January in the year of our Lord one
thousand nine hundred and eight.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.

REPORT OF THE COMMISSIONER

The commissioner made his report to the Governor on April 2,
1908, recommending that the charges be dismissed.

DISMISSAL OF COMPLAINT.

State of New York — Executive Chamber.

Albany, N. Y., June 29, 1908.

In the Matter of the Charges of Nathan Vidaver, Sylvester
L. Malone, James A. Donegan, James A. Allen, Max F.
Ihmsen, and M. J. Mack, against William Leary, State
Superintendent of Elections for the Metropolitan Elec-
tions District.

before the governor.
Charges, having been presented by Nathan Vidaver, Sylves-
ter L. Malone, James A. Donegan, James A. Allen, Max F.
Ihmsen, and M. J. Mack against William Leary, State Super-
intendent of Elections for the Metropolitan Elections Dis-
trict, and the said William Leary having made answer
thereto, and the Hon. Edward S. Clinch having been
appointed by me commissioner to take evidence as to the

202 Public Papers of Governor Hughes

truth of said charges and to make report, and the said com-
missioner having taken the evidence and made a report
recommending that the said charges be dismissed;

Now, after consideration of the said charges, the evidence
pertinent thereto, and the said report, the said charges are
hereby dismissed.

(Signed) CHARLES E. HUGHES.

Proceedings for the Removal of a Coroner of the
Borough of Queens of the City of New York

Charges by Arnold Davidson were laid before the Governor on
April 17, 1908.

Notice and Summons.

State of New York — Executive Chamber.

before the governor.

In the Matter of the Charges against Samuel D. Nutt, Coroner
in the Borough of Queens of the City of New York, t

To Samuel D. Nutt, Coroner in the Borough of Queens of
the City of New York:

You are hereby notified that charges have 'been preferred
against you, and that your removal from the office of coroner
in the borough of Queens of the city of New York thereon
has been asked by Arnold Davidson.

A copy of such charges is herewith served upon you.

I hereby fix the 27th day of April, 1908, as the
date on or before which your answer to said charges shall
be filed with me; and you are further notified that on said
27th day of April at 2 o'clock in the afternoon I shall give
you an opportunity of being heard in your defense.

Removal Proceedings and Complaints 203

In Witness Whereof, I have hereunto set my hand

and affixed the Privy Seal of the State at the

[l.s.J Capitol in the city of Albany this seventeenth day

of April in the year of our Lord one thousand nine

hundred and eight.

(Signed) CHARLES E. HUGHES.

By the Governor :

Rorert H. Fuller,

Secretary to the Governor.

An answer was filed by the coroner to the charges on April 25, 1908.

APPOINTMENT OF COMMISSIONER FINCH

State of New York — Executive Chamber.

before the governor.

In the Matter of Charges Preferred against Samuel D. Nutt,
Coroner in the Borough of Queens of the City of New
York. •

APPOINTMENT OF COMMISSIONER.

Charges having been filed with me on the 17th day of
April, 1968, by Arnold Davidson, of the city of New
York, against Samuel D. Nutt, coroner in the borough of
Queens of the city of New York, with a petition that he be
removed from his office of coroner in the borough of Queens
of the city of New York, and a copy thereof having been
served upon said Samuel D. Nutt, who has filed an answer
to said charges,

NoWj Therefore, Pursuant to the statute in such case made
and provided, I do hereby appoint Edward R. Finch, of the
city and county of New York, a commissioner to examine
witnesses and take evidence as to the truth of said charges,
and I hereby direct said commissioner to report to me the
said evidence and his ..findings of the material facts deemed by

204 Public Papers of Governor Hughes

him to be established in connection with said charges, together
with his conclusions thereon.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this twenty-
v[l.s.] first day of December in the year of our Lord
one thousand nine hundred and eight.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.

Investigation of the State Board of Embalming
Examiners*

State of New York — Executive Chamber.
To All to Whom These Presents Shall Come, Greeting :
Know Ye that pursuant to section 7 of the Executive Law,
as added by chapter 539 of the Laws of 1907, I have ap-
pointed and by these presents do appoint

Owen L. Potter,

of the city of Albany, to examine and investigate the man-
agement and affairs of the Board of Embalming Examiners
of the State of New York ; the said Owen L. Potter is hereby
empowered to subpcena and enforce the attendance of wit-
nesses, to administer oaths and examine witnesses under oath,
and to require the production of any books or papers deemed
relevant or material;

And I hereby give and grant unto said Owen L. Potter all
and singular the powers and authorities which may be given
or granted unto a person appointed by me for such purpose-
under authority of the statute aforesaid.

* The Commissioner made his report on June 14, 1909.

Removal Proceedings and Complaints 205

In Witness Whereof, I have subscribed my name to these
presents and caused the Privy Seal of the State

[l.s.] to be affixed hereto at the Capitol in the city of
Albany this seventeenth day of July in the year
of our Lord one thousand nine hundred and eight.
(Signed) CHARLES E. HUGHES.

By the Governor :

Robert H. Fuller,

Secretary to the Governor.

Proceedings for the Removal of the Sheriff of Saratoga

County

Charges by the Citizens' Anti-Race-Track Gambling Committee,
Walter Laidlaw, chairman, were laid before the Governor on August
8, 1908.

Notice and Summons.

State of New York — Executive Chamber.

In the Matter of the Charges against John Bradley, Jr.,
Sheriff of the County of Saratoga.

To John Bradley, Jr., Sheriff of the County of Saratoga:

You . are hereby notified that charges have been preferred
against you, and that your removal from the office of sheriff
of the county of Saratoga thereon has been asked by Walter
Laidlaw.

A copy of such charges is herewith served upon you.

I hereby fix the 17th day of August, 1908, at 3 o'clock
p. m., as the date on or before which your answer to said
charges shall be filed with me; and you are further notified
that on said 17th day of August, 1908, or on such later day
or days as may be appointed by me, you will be afforded an
opportunity of being heard in your defense.

206 Public Papers of Governor Hughes

In Witness Whereof, I have hereunto set my hand
and affixed' the Privy Seal of' the State this tenth
[l.s.] day of August in the year of our Lord one thou-
sand nine hundred and eight.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.

MOTION BY THE SHERIFF TO DISMISS THE CHARGES

before the governor.

In the Matter of the Charges Preferred against John
Bradley, Jr., Sheriff of Saratoga County, by Walter
Laidlaw.

In pursuance of a" summons issued by the Governor of the
State of New York, under his hand and the Privy Seal of the
State, dated the loth day of August, 1908, directed to John
Bradley, Jr., sheriff of Saratoga county, the said Bradley
hereby appears personally and by his counsel, Edgar T. Brack-
ett, and objects to the further consideration of said charges, and
moves that the same be dismissed on the ground that the Gov-
ernor has no jurisdiction thereunder, for the reason that none
of said charges constitutes a sufficient allegation of official
misconduct on the part of said John Bradley, Jr!, as sheriff
of Saratoga county.

Dated August 17, 1908.

(Signed) JOHN BRADLEY, Jr.

Edgar T. Brackett,

Attorney for John Bradley, Jr.,

Town Hall, Saratoga Springs, N. Y.

The motion to dismiss was denied on August 17, 1908, and a
hearing was given on the charges on August 17, 1908, in the Execu-
tive Chamber.

Removal Proceedings and Complaints 207

APPOINTMENT OF COMMISSIONER SCHURMAN

State of New York — Executive Chamber.

before the governor.

In the Matter' of the Charges against John Bradley, Jr.,
Sheriff of the County of Saratoga.

APPOINTMENT OF COMMISSIONER.

Charges having been filed with me on the 8th day of August,
1908, by Walter Laidlaw against John Bradley, Jr., sheriff of
the county of Saratoga, with a petition that he be removed
from his office as sheriff of Saratoga county, and a copy
thereof having been served upon said sheriff, who had filed an
answer denying the truth of said charges;

Now, Therefore, Pursuant to the statute in' such case
made and provided, I do hereby appoint George W. Schur-
man, of the city and county of New York, a commissioner
to examine witnesses and take evidence as to the truth of
said charges, and I hereby direct said commissioner to report
to me the said evidence and his findings of the material facts
deemed by him to be established in connection with said
charges, together with his conclusions thereon.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this eighteenth
[l.s.] day of August in the year of our Lord one
thousand nine hundred and eight.

(Signed) CHARLES E. HUGHES.

By r the Governor :

Robert H. Fuller,

Secretary to the Governor.

REPORT OF COMMISSIONER*

Commissioner Schurman made his report on March 22, 1909, recom-
mending that the charges be dismissed.

* The charges against the sheriff of Saratoga county were dismissed
by Governor Hughes on June 21, 1909, See Public Papers of Gov-
ernor Hughes for the year 1909.

2o8 Public Papers of Governor Hughes

Proceedings for the Removal of the Sheriff of Albany

County

Charges by the Executive Committee of the Civic League of Albany,
C. M. Culver, chairman, were laid before the Governor on August
18, 1908.

Notice and Summons.

State of New York — Executive Chamber.

In the Matter of the Charges against Joseph Besch, Sheriff
of the County of Albany.

To Joseph Besch, Sheriff of the County of Albany:

You are hereby notified that charges have been preferred
against you, and that your removal from the office of sheriff
of the county of Albany thereon has been asked by C. M.
Culver, chairman of the Executive Committee of the Civic
League of the city of Albany, and Horatio M. Pollock,
general secretary thereof.

A copy of such charges is herewith served upon you.

I hereby fix the 29th day of August, 1908, at 10 a. m.,
as the date on or before which your answer to said charges
shall be filed with me; and you are further notified that on
said 29th day of August, 1908, or on such later day or days
as may be appointed by me, you will be afforded an oppor-
tunity of being heard in your defense.

In Witness Whereof, I have hereunto set my hand
and affixed the Privy Seal of the State this nine-
[l. s.J teenth day of August in the year of our Lord
one thousand nine hundred and eight.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.

A hearing was given by the Governor on the charges on August 29,
1908.

Removal Proceedings and Complaints 209

APPOINTMENT OF COMMISSIONER BEATTYS

State oe New York — Executive Chamber. ,

before the governor.

In the- Matter of the Charges against Joseph Besch, Sheriff
of the County of Albany.

APPOINTMENT OF COMMISSIONER.

Charges having been filed with . me on the 18th day
of August, 1908, by C. M. Culver and Horatio M. Pollock,
against Joseph Besch, sheriff of the county of Albany, with
a petition that he be removed from his office as sheriff of
Albany county, and a copy thereof having been served upon
said sheriff, who has filed an answer denying the truth of
said charges;

Now, Therefore, Pursuant to the statute in such case
made and provided, I do hereby appoint George D. Beattys,
of the borough of Brooklyn, city of New York, a commis-
sioner to examine witnesses and take evidence as to the
truth of said charges, and I hereby direct said commissioner
to report to me the said evidence and his findings of the
material facts deemed by him to be established in connection
with said charges, together with his conclusions thereon.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this first day
[l.s.] of September in the year of our Lord one thou-
sand nine hundred and eight.

(Signed) CHARLES E. HUGHES.

By the Governor :

Robert H. Fuller,

Secretary to the Governor.

2io Public Papers of Governor Hughes

REPORT OF COMMISSIONER*

The commissioner made his report on January 15, 1909, recommend-
ing that the charges be dismissed.

Complaint of A Nuisance

EXAMINATION ORDERED OF AN ALLEGED NUISANCE AFFECT-
ING RESIDENTS OF THE COUNTY OF RICHMOND

State of New York — Executive Chamber.

To the State Commissioner of Health:

A complaint having been made by residents of the county
of Richmond, a copy of which is hereto annexed, that within
the State of New Jersey and city of Bayonne, at Constable
Hook in said city, there are now maintained and operated
certain extensive plants, furnaces, smelters, ovens, and other
appliances engaged in the manufacture of chemicals, the
refining of oil, the roasting, reducing, smelting, manufacture,
and production of sulphur, copper, ores, and other products,
and that such manufacturing plants are constantly generating
and causing to be discharged over the territory comprising
Richmond county vast quantities of noisome and disagree-
able smoke, fumes, effluvia, noxious and poisonous vapors
and gases which injure or endanger the comfort, repose,
health, or safety of a considerable number of persons, citizens
of Richmond county.

I, therefore, require you to make an examination into the
matters alleged in said complaint and into the questions
affecting the security of life and health in the locality afore-
said in the county of Richmond, and to report the results
thereof to me on oV before the 21st day of December, 1908.

* The charges against the sheriff of Albany county were dismissed
by Governor Hughes on June 21, 1909. See Public Papers of Gov-
ernor Hughes for the year 1909,

Removal Proceedings and Complaints 211

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this seven-
[l.s.] teenth day of November in the year of our Lord
one thousand nine hundred and eight.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.

Proceedings for the Removal of the President of the
Borough of The Bronx of the City of New York

Charges by commissioners of accounts of the city of New York,
John Purroy Mitchel and Ernest Yale Gallaher, were laid before the
Governor on November 18, 1908.

Notice and Summons.

State of New York — Executive Chamber.

before the governor.

In the Matter of Charges Preferred against Louis F. Haffen,
President of the Borough of The Bronx of the City of
New York.

To Louis F. Haffen, President of the Borough of The Bronx
of .the City of New York:

You are hereby notified that charges have been preferred
against you by John Purroy Mitchel and Ernest Yale Galla-
her, commissioners of accounts of the city of New York,
praying that you be removed by the Governor from the office
of president of the borough of The Bronx of the city of
New York.

A copy of such charges is herewith served upon and given
to you.

I hereby fix the 30th day of November, 1908, at 12-
o'clock noon, as the date on or before which your answer to

212 Public Papers of Governor Hughes

said charges shall be filed with me; and you are further
notified that on said 30th day of November, 1908, or on such
later day or days as may be appointed by me, you will 'be
afforded an opportunity of being heard in your defense.

In Witness Whereof, I have hereunto set my hand

and affixed the Privy Seal of the State at the

[l.s.] Capitol in the city of Albany this nineteenth day

of November in the year of our Lord one

thousand nine hundred and eight.

(Signed) CHARLES E. HUGHES..

By the Governor:

Robert H. Fuller,

Secretary to the Governor.
Mr. Haffen made a reply to the charges on December 30, 1908.

APPOINTMENT OF COMMISSIONER MACPARLANE

State of New York — Executive Chamber.

before the governor.

In the Matter of Charges Preferred against Louis F. Haffen,
President of the Borough of The Bronx of the City of
New York.

APPOINTMENT OF COMMISSIONER.

Charges having been filed with me on the 18th day of No-
vember, 1908, by John Purroy Mitchel and Ernest Yak Gal-
laher, commissioners of accounts of the city of New York,
against Louis F. Haffen, president of the borough of The
Bronx of the city of New York, with a petition that he be
removed from his office of president of the borough of The
Bronx of the city of New York, and a copy thereof having
been served upon said Louis F. Haffen, who has filed an
answer to said charges,

Now, Therefore, Pursuant to the statute in such case made
and provided, I do hereby appoint Wallace Macfarlane, of

Removal "Proceedings and Complaints 213

the city and county of New York, a commissioner to examine
witnesses and take evidence as to the truth of said charges,
and I hereby direct said commissioner to report to me the
said evidence and his findings of the material facts deemed
by him to be established in connection with said charges, to-
gether with his conclusions thereon.

Given under my hand and the Privy Seal of the State
at the Capitol in the city of Albany this fifteenth
[l.s.J day of December in the year of our Lord one thou-
sand nine hundred and eight.

(Signed) CHARLES E. HUGHES.

By the Governor:

Robert H. Fuller,

Secretary to the Governor.

i

REPORT of commissioner*

Mr. Macfarlane made his report on July 8, 1909, concluding
it by saying that " the respondent has been guilty of misconduct
which should subject him to removal."

* Governor Hughes heard Mr. Haffen in his defense and John Pur-
roy Mitchel and Ernest Y. Gallaher in support of the charges on
July 22, 1909. !

Governor Hughes removed Mr. Haffen from office on August 28,
1909. ' ,

See Public Papers of Governor Hughes for the year 1909.

214 Public Papers of Governor Hughes

Court of Inquiry in Relation to Col. George R. Dyer,
12th Regiment, N. G., N. Y.

A court of inquiry concerning the colonel of the 12th Regiment was
ordered on September 20, 1907.

OPINION OF THE COURT

GENERAL HEADQUARTERS, STATE OF NEW YORK,
Adjutant-General's Office,

Albany, January 8, 1908.
General Orders, 1
No. 3. J

The count of inquiry, of which. Brig.-Gen. Lauren W.
Pettebone, Fourth Brigade, is president, convened pursuant
to special orders No. 151, Adjutant-General's office, Sep-
tember 20, 1907, at the request of Col. George R. Dyer,
12th Regiment, N. G, N. Y., to inquire into the nature of
certain imputations against that officer, having considered the
evidence in connection with the case has reported its findings,
opinion and recommendations.

The opinion of the court is as follows :

"After careful scrutiny of the record and due consideration
thereof it is the unanimous opinion of the court that the impu-
tations made against Col. George R. Dyer are baseless;
and that no further action is necessary in this matter in -so far
as Colonel Dyer is concerned."

"We have carefully considered the action of Maj. N. T.
Robb, Maj. J. P. Benkard, Capt. W. Forbes Morgan, and
Capt. H. S. Dudley'in bringing the charges reflecting upon
the character of Colonel Dyer, to the attention of that officer
and the regimental board of officers. It was clearly their
duty so to do. We find nothing in their conduct reflecting
either upon their efficiency as officers or their standing as
gentlemen."

Removal Proceedings and Complaints 215

The record of the proceeding's of the court of inquiry in
this case having been submitted to the Governor, the following
are his orders thereon :

State of New York — Executive Chamber.

Albany, January 8, 1908.
I have carefully examined the testimony in this case in full.
The findings, recommendations and opinion of the court are
concurred in, and I consider no further action necessary,

(Signed) CHARLES E. HUGHES.

By command of the Governor,

NELSON H. HENRY,

Adjutant-General.
Official :

Chauncey P. Williams,

Assistant Adjutant-General.

X

COMMUTATIONS GRANTED AND APPLI
CATIONS DENIED

217

X

COMMUTATIONS GRANTED AND APPLICATIONS
DENIED

State of New York — Executive Chamber.

April 13, 1909.
To the Legislature:

I have the honor to transmit herewith a statement of the commuta-
tions granted by me during the year 1908.

(Signed) CHARLES E. HUGHES.

Commutations

January 15. Martha A. Kelley. Sentenced May 28, 1907;
county, Chemung; crime, petit larceny; term, one year; Che-
mung County Jail.

Commuted to seven months and nineteen days.

The prisoner was convicted of stealing a pocket-book con-
taining $3. During her imprisonment her health has become
greatly impaired arid it is not prohable that she will live
until the end of her term if kept in confinement. County
Judge McCann, who sentenced her, and District Attorney
Eogart, recommend that she be released.

March 4. James Miller. Sentenced February 26, 1902;
county, Saratoga; crime, burglary, first degree; term, twelve
years; Clinton Prison.
, Commuted to six years and seven days, actual time.

Granted on the application of the Superintendent of State
Prisons, who writes that through information voluntarily fur-
nished by Miller he was enabled to detect and put an end to
certain unlawful practices on the part of one of the prison
officers, and he urges that a reward for such services ought
to be granted and thus encourage other prisoners to do as
Miller has done, thereby greatly benefiting the discipline of
the prison.

219

220 Public Papers of Governor Hughes

March 13. Merritt Newkirk. Sentenced October 27, 1905 ;
county, New York; crime, abduction; term, four years.; Sing
Sing Prison.

Commuted to two years, four months and eighteen days,
actual time.

This case was referred by me to the Parole Board, which
has made its report pursuant to the statute, recommending
that the sentence be commuted to the time now served.

Newkirk was nineteen years old when received at the
prison, his previous character was good, his conduct during
confinement has been excellent, he has now served all but
about seven months of the sentence, less the usual commuta-
tion, and immediate employment is offered him.

March 13. Antonio Zirpoli. Sentenced October 20, 1902;
county, New York; crime, manslaughter, first degree; term,
sixteen years ; Sing Sing Prison.

Commuted to five years, four months and twenty-four days,
actual time.

The crime was committed by the prisoner in defending his
son from a violent assault, and although not legally justifi-
able was not of great atrocity. Zirpoli had no previous crim-
inal history, but was an industrious, respectable, law-abiding
citizen. He is eighty-two years of age, is in the invalid com-
pany, is quit£ feeble, and it is not probable that he will live
out the term of his sentence.

He has now served the legal equivalent of a term of eight
years, a rather severe punishment under all the circumstances,
and the Parole Board, after a careful investigation of the
case, has recommended that his application for clemency be
granted.

March 13. Edward S. Baker. Sentenced September 18,
1907; county, New York; crime, grand larceny, second de-
gree; term, one year; New York Penitentiary.

Commuted to five months and twenty-four days.

The prisoner was always of good character except that he
indulged too freely in the use of intoxicating liquor, a habit
which was the immediate cause of his crime. The. amount

Commutations Granted and Applications Denied 221

stolen by him was not large, and a considerable portion of it
was voluntarily returned to the owner within, a few hours.
It was Baker's first criminal act, and, after considering all
the circumstances, I have reached the conclusion that he has
suffered for it all the punishment that justice requires.

The complainant has given very cordial support to the ap-
plication for clemency.

June 25. John W. Wooten. Sentenced July 10, 1905 ;
county, New York; crime, grand larceny, first degree; mini-
mum term, three years; maximum term, six years and ten
months; Sing Sing Prison.

Commuted to two years, six months and twenty-six days,
actual time.

Very earnestly recommended by the Superintendent of
State Prisons and granted in consideration of important ser-
vices rendered by the prisoner in bringing to light the habitual
gross malfeasance of a prominent prison official.

July 6. Joseph Monohan. Sentenced June 13, -1905;
county, Cattaraugus ; crime, perjury ; term, five years and eight
months; Auburn Prison.

Commuted to an indeterminate sentence of three years and
twenty-three days minimum, and three years, eleven months
and twenty days maximum.

This was Monohan's first offense and there is abundant rea-
son to believe that it was not a purely voluntary act on his
part, but that he was prevailed upon to commit it by per-
sons who exercised a strong influence over him. Judge
Thrasher who presided at the trial, and District Attorney Cole
who conducted the prosecution, are of the opinion that he
has been sufficiently punished, and on that ground recommend
that his application be granted.

I have also received a report from the Parole Board'
favoring clemency, and after carefully considering the matter
I have concluded to change the sentence from a definite to
an indeterminate one, having for its minimum the time already
served and for its maximum the sentence imposed by the
court, less what could be earned by good conduct. This will

222 Public Papers of Governor Hughes

enable Monohan to bring the case before the Board on an
application for a parole.

July 6. Domenico Massinino. Sentenced April 12, 1904;
county, New York; crime, rape, second degree; term, seven
years; Sing Sing Prison.

Commuted to four years, two months and twenty days, ac-
tual time.

The Parole Board after carefully investigating the case
recommends it as a proper one for clemency. Except for this
offense the prisoner has always borne a good character, and
while technically, under the statute, the crime was committed,
the circumstances of the common-law offense were not pres-
ent and the sentence was very severe. He has now served
a term of six years, allowing deduction for good conduct,
and I think has fully expiated his offense.

July 6. Alexander Stewart. Sentenced December 14,
1900; county, New York; crime, manslaughter, first degree;
term, "twenty years ; Sing Sing Prison.

Commuted to seven years, six months and twenty-three
days, actual time, on condition that he proceed forthwith to
F-reeville, N. Y., and there become and remain a member of
the George Junior Republic, subject to all the rules and regu-
lations, and to the jurisdiction and control of those having
management thereof, until duly discharged according to said
rules. And if he fail so to do, or if he so conduct himself
as in the opinion of the trustees or a majority of them to
render himself an undesirable member of said Republic, and
his membership or continued presence detrimental to the in-
terests thereof, this commutation shall thereupon become void
and the said Stewart shall be returned to Auburn Prison
and be required to serve out the portion of his sentence now
remaining unserved.

The Parole Board in reporting upon this case states the
facts to be that Stewart was convicted of manslaughter, first
degree, in December, 1900, and was sentenced to twenty years'
imprisonment in Sing Sing. When received at the prison he
was but fourteen years of age. In February, 1905, Governor

Commutations Granted and Applications Denied 223

Higgins pardoned him upon condition " that he be placed in
care of the George Junior Republic Association subject to
return to the prison if his conduct was not satisfactory to
them. After having been in the Republic about one y£ar he
was permitted to go to New York city for the purpose of
visiting his sister, and refused to return, whereupon he was
taken back. This and other similar reasons prompted the
Republic officials to return him to prison, and he was received
again in Sing Sing, March 6, 1906."

The president of the George Junior Republic Association
has taken a deep interest in the case and desires very much
to have Stewart recommitted to that institution, being con-
fident that he will give no further trouble and that the influ-
ences there will be of great benefit to him, and after fully
considering the matter I have reached the conclusion that the
application ought to be granted. Stewart's youth at the time
of the crime, his good record in prison, the fact that he has
suffered a severe punishment, and the advantages likely to be
gained by him if released now upon the conditions above
stated, fully warrant the commutation.

July 6. William H. Parker. Sentenced May 20, 1892, to
be executed; county, Niagara; crime, murder, first degree;
commuted March 2, 1893, to imprisonment for life; Auburn
Prison.

Commuted to an indeterminate sentence, minimum fifteen
years and four months, maximum life.

This prisoner's sentence was commuted to imprisonment
for life on account of the serious doubt which existed as to
his guilt. (See Governor Flower's Public Papers for 1893,
p. 468.) Since then, by additional proof, this doubt, to say
the least, is much strengthened. The prisoner is a negro.
Before his conviction he appears to have been an industrious
and peaceable man and had never been accused of crime of
any kind. He has now been in prison for over fifteen years,
equivalent with commutation under the statute to a term of
twenty-five years, during all of which his conduct has been
perfect. When received at the prison he could neither read
nor write; he can now do both welL and he has shown re-
markable proficiency in acquiring knowledge.

224 Public Papers of Governor Hughes

The Parole Board has recommended clemency for him, and
in view of all the circumstances I have deemed it just to
modify the sentence so that a parole may be granted if the
Board think proper.

July 7. Isaac White. Sentenced January 16, 1895, to be
executed; county, Franklin; crime, murder, first degree;
commuted February 25, 1895, to imprisonment for life; Clin-
ton Prison.

Commuted to an indeterminate sentence, minimum thirteen
years, four months and thirteen days, maximum life.

Commutation from the death penalty to imprisonment for
life was recommended by Judge Kellogg who sentenced the
prisoner, and by District Attorney Paddock who prosecuted
him, and was granted on account of the unsatisfactory char-
acter of the evidence to show the deliberation and premedi-
tation necessary to constitute murder in the first degree.
Further clemency is now asked in consideration of White's
exemplary conduct and of the great value of the services ren-
dered by him to the authorities during his imprisonment. It
also appears that on several occasions he has risked his life
in rescuing prison officers from assaults by convicts, and it
is strongly urged by the Superintendent of State Prisons
that White is justly entitled to a substantial reward therefor.

After carefully considering all the facts I have concluded
to commute the sentence so as to bring the case within the
jurisdiction of the Parole Board.

August 17. Joseph P. Sharpe. Sentenced March 1, 1902;
county, Monroe ; crime, robbery ; term, thirteen years ; Auburn
Prison.

Commuted to six years, five months and thirteen days, ac-
tual time.

Sharpe's two associates, who appear to have been equally
guilty with 'him, received each a sentence to imprisonment for
nine years, and both are now at liberty, a special commuta-
tion having been granted to one of them about a year ago,
and the other having served out his sentence. Sharpe has
now been imprisoned for a term equivalent, with the usual

Commutations Granteb and Applications Denied 225

allowance for good behavior, to a term of about ten years,
and clemency is recommended by Judge Sutherland who sen-
tenced the three defendants, by District Attorney Warren
who prosecuted them, and by nine of the trial jury — the oth-
ers being dead or removed — on the ground that Sharpe has
been sufficiently punished.

November 18. Cyrus B. Wagar. Sentenced May 13, 1904;
county, Monroe; crime, abortion; minimum term, two years;
maximum term, four years; Auburn Prison.

Commuted to six months and twenty-eight days from April
22, 1908.

An appeal was taken in this case to the Court of Appeals.
In affirming the judgment the court said:

" While the evidence adduced on the trial to establish the
guilt of the defendant is iar from satisfactory, we cannot
declare as a matter of law that it was insufficient to warrant
the submission of the case to the jury. Under the limited
power of review vested in us by the Constitution we must,
therefore, affirm the judgment."

I am advised that on account of the unsatisf actor iness of
the evidence, it is the opinion of the judges of the Court of
Appeals that the case is ,a proper one for the exercise of ex-
ecutive clemency. My examination of the record leads me. to
the same conclusion. I, therefore, commute the sentence, £0
the actual time served.

November 19. Bernard J. King. Sentenced June 22, 1905 ;
county, New York ; crime, forgery ; term, six years ; Sing Sing
Prison.

Commuted to three years, four months and twenty-eight
days, actual time.

With deduction for good conduct the prisoner's term would
expire on the twenty-second day of August next, so that he
has now served all but nine months of his sentence, which
seems to have been quite a severe one. The forgery was of
a check for a small amount, and it is not unlikely that a
lighter sentence might have been imposed had he pleaded
guilty when arraigned, as he intended to do, but was dig-
8

226 Public Papers of Governor Hughes

suaded from doing by his counsel. Clemency is recom-
mended by the assistant district attorney who had charge of
the case, by the complainants, and by the Parole Board.

It is also certified by Hon. Andrew S. Draper, Commis-
sioner of Education, that King has been very helpful in pro-
moting the school work which the Education Department has
been supervising at Sing Sing.

Application for a Reprieve of Chester Gillette.

State of New York — Executive Chamber.

Albany, March 29, 1908.

In the Matter of the Application- for a Reprieve of Chester

Gillette.

, On December 4, 1906, Chester Gillette was convicted of the
murder of Grace Brown on July nth of that year. On Feb-
ruary 18, ,1908, the Court of Appeals unanimously affirmed
the judgment and he was then sentenced to suffer the death
penalty during the week beginning March 30th. Upon appli-
cation for executive clemency, and after a careful examina-
tion of the evidence, I reached the conclusion that there was
no ground upon which I should be justified in interfering with
the execution of the judgment of the court.

A reprieve is now asked in order that proceedings may be
taken to obtain a new trial upon the ground of alleged newly-
discovered evidence.

' It is. the privilege and the duty of (the executive to grant a
reprieve whenever the interests of justice require it. But
where the petition is based upon the claim that evidence has
been newly discovered and the character of the evidence is
clearly disclosed, the executive should not interfere with the
sentence unless he is satisfied that the case is one in which
the application for a new trial should be made and heard.
Whatever his power, the Governor has no right to grant re-
prieves unless he can assign good cause and if the adminis-

Commutations Granted and Applications Denied 227

tration of the law is to be respected, petitions made at the
eleventh hour must show merit. I find none in the present
case.

A portion of the alleged newly-discovered evidence is to the
effect that Gillette had torn the ribbon band from his straw
hat in September, 1905, and had given it to his companion.
The object is to rebut any inference from the absence of the
interior lining of the prisoner's hat, when the latter was found,
floating on Big Moose lake, that it had been taken out to
avoid identification. This, however, is of no importance.
By his conduct both before and after the fatal event, it is con-
clusively established that he did seek to avoid identification,
and the question whether or not he removed the lining of his
hat for that purpose is not of much moment.

The other evidence before me, so far as it is at all credible,
is to the effect that Grace Brown during the year preceding
her death had " spasms " or " spells " from time to time in
which she became unconscious. These are described by those
who knew her in the factory at Cortland. It is testified that
this was a matter of common knowledge among the girls who
worked with Grace Brown. There were seventy-five girls on
the floor where she worked and two of the witnesses say that
they believe that all these girls saw Grace Brown have " these
spasms some of the times." It is evident that the facts as to
the physical condition of Grace Brown and as to these alleged
manifestations, assuming the truth of the present statements,
were easily procurable and that any inferences to be drawn
therefrom have at all times been available.

The theory of the defense at the trial was that Grace Brown
committed suicide.

The theory now advanced is that Grace Brown was an epi-
leptic subject and that if she had an epileptic seizure in the
boat upon the fatal day and if during the attack she sustained
the various injuries found and fell into the water, the con-
dition of her body as disclosed by the autopsy might be ac-
counted for.

But this theory is wholly untenable. It is conclusively dis-
posed of by the statements, conduct, and testimony of Chester

228 Public Papers of Governor Hughes

Gillette himself. If it be assumed that there was such a
seizure and fall as might be deemed to -account for the condi-
tion of the body, it is inconceivable that they should 'have
escaped the observation of the prisoner; and if he had ob-
served anything of the sort it is inconceivable that he should
have made the statements and have given the testimony which
appear in the record of the trial.

No view of the unhappy event is adequate which fails to
take account of the proved facts — the events preceding Grace
Brown's death, the condition of the body and the character of
its injuries, the overturned boat with Grace Brown's cape on
top of it, the disposition of the tennis racket, the conduct of
the prisoner previous to the tragedy and subsequently, and
the manner in which he sought to explain it when defending
his life. If reason is to be our guide and all the established
facts are taken into consideration, there is no escape from the
conclusion that a brutal murder was committed and that the
conviction was just,.

After examining the evidence now presented, I find nothing
in it which in any way can affect this conclusion, Or which
furnishes any justification for executive action.

(Signed) CHARLES E. HUGHES.

Regarding the Case of William S. Brasch, Under Sen-
tence of Death — Application for Executive Action
Denied

State of New York — Executive Chamber.

Albany, N. Y., November 24, 1908.

In the case of William S. Brasch, confined at Auburn Prison
under sentence of death to be executed during the week be-
ginning November 23, 1908, application was made on behalf
of the prisoner on November 19, 1908, for executive action,
it being claimed that the prisoner is insane. In order to
determine the merit of the application I requested Albert W.
Ferris, M. D., president of the State Commission in Lunacy;

Commutations Granted and Applications Denied 229

William L. Russell, M. D., Medical Inspector of the State
Hospitals for the Insane ; Richard H. Hutchings, M. D., medi-
cal superintendent of the St. Lawrence State Hospital, and
Adolf Meyer, M. D., director of the Psychiatric Institute of
the State Hospitals for the Insane, to make examination of
the prisoner's mental condition. They have reported to me as
follows :

" To His Excellency Charles Evans Hughes, Governor of
the State of New York:

" Sir. — In accordance with your request we have made a
thorough examination of William S. Brasch, now confined in
Auburn Prison under sentence of death, until we are satisfied
. of his mental condition: and we respectfully report that in
our opinion the said Brasch is of sound mind and responsible
for his acts, and that we discovered nothing in his mental con-
dition that would constitute a reason for interference with the
execution of the judgment.

" Albert Warren Jerris,
" William L. Russell,
" Richard H. Hutchings,
"Adolf Meyer.
"Dated, Albany, N. Y., November 24, 1908."

The application is denied.

(Signed), CHARLES E. HUGHES.

■"ll.-f.'''

XI
MISCELLANEOUS

231

XI
MISCELLANEOUS

Designating a Committee to Investigate Speculation in
Securities and Commodities

Albany, December 14, 1908.

To Messrs. Horace White, Charles A. Schieren, David
JLeventritt, Clark Williams, John B. Clark, Wil-
lard V. King, Samuel H. Ordway, Edward D. Page,
and Charles Sprague Smith :

Gentlemen. — At the last session of the Legislature I
recommended that provision should be made for suitable in-
quiry into the facts relating to speculation in securities and
commodities, with the view of ascertaining the manner in
which illegitimate transactions might be. prevented and legiti-
mate business safeguarded. As I stated in accepting renomi-
nation, I had in mind, in making this recommendation, such
an expert inquiry as was made into banking conditions, the
result of which was the passage of highly beneficial measures.
In this Commonwealth, the vast commercial and financial trans-'
actions of which represent the activities of the entire' country,
it is of the utmost importance that legislation affecting busi-
ness and exchange should be the result of deliberate study,
and that we should neither threaten business stability by ill-
considered measures, nor on the other hand invite agitation
or impair confidence by ignoring abuses and by failing to pro-
vide suitable correction.

It is with this view that I request you to act as a committee
for the purpose of collating facts, receiving suggestions, and
making such recommendations as may seem to you fitting with
regard to the following question:

233

234 Public Papers of Governor Hughes

What changes, if any, are advisable in the laws of the State
bearing upon speculation in securities and commodities; or
relating to the protection of investors ; or with regard to the
instrumentalities and organizations used in dealings in securi-
ties and commodities which are the subject of speculation?

It is not my intention to limit you in the consideration of
any phase of the matters submitted, and I am confident that
your carefully formed opinions, being those of men known
for their interest in public questions and their acquaintance
with affairs, and accredited to the community by high reputa-
tion, will be of the greatest value.

I must ask this public service without offer of compensation
or indemnity for expense, as I have no authority to subject the
State to any obligation in connection with your appointment.
But I know that your generous action in serving the com-
munity will be highly appreciated and will afford another and
most welcome illustration of the public spirit of our citizens.

I shall be glad to receive your report at as early a date as
you may find practicable. I have the honor to remain,

Very respectfully yours,
(Sighed) CHARLES E. HUGHES.

Concerning Life Insurance Companies

Letter to the Secretary of the Chamber of Commerce of New
York in Relation to a Request for the Appointment of
a Commission to Investigate the Conditions Surrounding
the Life Insurance Companies of the State.

Governor Hughes sent the following reply to a resolution
adopted by the Chamber of Commerce Of the State of New
York on December 3, 1908, asking for the appointment of a
commission of five citizens to investigate the conditions sur-
rounding the life insurance companies of the State, and report
to the incoming Legislature not later than January 1 5th :

Miscellaneous 235

Albany, December 7, 1908.

Mr. Sereno S. Pratt, Secretary Chamber of Commerce^ New
York City:

Dear Sir. — I have the honor to acknowledge the receipt
of your letter under date of the 4th instant, inclosing copy of
preamble and resolution adopted by the Chamber of Com-
merce, requesting me to appoint a commission to investigate
the conditions surrounding the life insurance companies of
this State.

While I should be glad to comply with any request of your
honorable body, it does not seem to me that it is advisable to
appoint such a commission at the present time. We have
recently had an investigation of life insurance companies, and
several provisions of the Insurance Daw to which refer-
ence is made in the resolution did not become effective until
January 1, 1907. Thus far, the report of the experience of
one year only under these provisions of the amended law is
available. My attitude toward the matter was thus stated in
my speech accepting a renomination for the office of Governor :

" There cannot be^too great care in protecting the interests
of the policyholders and I desire that nothing should be left
undone to procure the faithful enforcement of the laws which
have been enacted for their protection. Through the opera-
tion of these laws important economies have been secured and
conservative management has been promoted. If experience
shows that in any particular these are too drastic, amendment
should be made. I vetoed a bill passed at the last session
which would have modified restrictions upon expenditures,
because it was not a conservative measure such as it was well
known I did not view with disfavor, but would have, opened
the door to extravagance and facilitated a return to old con-
ditions. I have but one desire in this matter; and that is to
conserve and promote the business of life insurance, than
Which there is none more important, and adequately to protect
the interests of the policyholders, from which those of the
companies and agents cannot properly be divorced."

This expresses my position.

236 Public Papers of Governor Hughes

If your honorable body, or others interested in the matter,
desire to suggest any particular amendment of the law, I shall
be very glad indeed to give it the most careful consideration ;
and if in the course of the coming legislative session any bill
shall come before me involving any amendment of the law,
it will be carefully examined. But while I shall be glad to
study any specific proposal which may be presented, I do not
think the time has arrived for the appointment of a com-
mission, as suggested by the resolution.

With assurance of my respect, I have the honor to remain,

Very respectfully yours,
(Signed) CHARLES E. HUGHES.

Letter to William Schuyler Jackson, Attorney=General,
in Relation to Mayor McCIellan's Title to Office

State of New York — Executive Chamber.

Albany, February 14, 1908.

Governor Hughes to-day sent to the Attorney-General the
following letter:

" Hon. William Schuyler Jackson, Attorney-General, Al-
bany, N. Y.:

" Sir. — Replying to your application under date of the 5th
instant for the appointment of an extraordinary Trial Term of
the Supreme Court in the county of New York, and for the
designation of a justice to hold such term, for the purpose of
making provision for the trial of the action in the nature of
quo warranto brought in the name of the People of the State
of New York against George B. McClellan, I have the honor
to say:

" I have consulted with the presiding justice of the Appel-
late Division of the First Department and am informed that
there are regularly designated Trial Terms which have no jus-
tices assigned to them at present, and that the action referred
to can be tried at one of these terms to which it has been and

Miscellaneous 237

is intended that a Supreme Court justice from outside New
York city shall he assigned.

" It is important that the trial should be had promptly
and that the controversy to which you refer should be settled
with the least possible delay. It appears that there is adequate
provision for this purpose without the appointment of an
extraordinary term, and I understand that the trial can pro-
ceed as soon as your appeal from the order for a struck jury
has been decided.

" I remain, very respectfully yours,

" (Signed)' CHARLES E. HUGHES."

Approval of a Site for the New York State Training
School for Boys

State of New York — Executive Chamber.

Pursuant to the provisions of section 1 of chapter 268, Laws
•of 1908, I hereby approve as a site far the New York State
Training School for Boys the lands selected by the commis-
sion, appointed pursuant to the provisions of chapter 665 of the
Laws of 1907, to select a site for the New York State Training
School for Boys, and submitted to me by the said commission
in a communication dated September 22, 1908, together with
a certified copy of a resolution adopted by the State Board of
Charities, September 19, 1908, pursuant to the provisions of
section 1 of chapter 268, Laws of 1908, approving the said
site.

(Signed) CHARLES E. HUGHES,

Governor of the State of New York.

Albany, N. Y., September 22, 1908.

APPENDIX.

APPENDIX.

REPORT OF SPECIAL COflMISSION ON BANKS

Message to the Legislature.

STATE OF NEW YORK,
Executive Chamber,

9

Albany, January i, 1908.
To the Legislature:

I transmit to you herewith a copy of a letter addressed
by me to Messrs. A. B. Hepburn, Edwin S. Marston, Ed-
ward W. Sheldon, Algernon S. Frissell, Stephen Baker and
Andrew Mills requesting them to collate facts, receive sug-
gestions and express their views with reference to advisable
changes in the law of the State relating to the incorporation,
conduct and supervision of banks and trust companies,and also
the report made by them, referred to in my message of this
date.

CHARLES E. HUGHES.

REPORT OF THE COMMISSION.

Submitted to Governor Hughes December 15, 1907.

Hon. Charles E. Hughes, Governor of the State of New
York, Albany, N. Y.:

Dear Sir. — In your letter dated November 13th last, which
we had the honor to receive in due course, you request us as
" men having expert familiarity with " the conduct and man-
agement of banks and trust companies, " to act as a Commit-
tee for the purpose of collating facts, receiving suggestions
and expressing views which,. after due reflection, you may en-
tertain with reference to the following question : ' What, if
any, changes are advisable in the law of the State relating to
the incorporation, conduct and supervision of banks and trust
companies.' "

Sources of Information.

In view of the brief time within which you desire" us to re-
port, as well as our want of official power, we assume that
nothing in the nature of the taking of testimony was intended.
We have, however, collated such pertinent facts as were ac-
cessible from public records, which are appended hereto; we
have had the advantage of familiarity with current events, and
have been furnished information by the State Banking De-
partment, the Comptroller of the Currency, the Attorney-Gen-
eral and the Executive Committee of the New York Clearing
House ; we have thus been given an inside view of the man-
agement, or rather the mismanagement, of the institutions
which have recently been involved in more or less difficulty.
Superintendent Williams has joined in our labors and ren-
dered us every assistance in his power.

242 Public Papers of Governor Hughes

Organization.

Respecting the organization of banks and trust companies,
existing laws seem to cover the requirements fairly, except
as to the veto power of the Banking Department. The es-
tablishment of a bank or trust company, or of a branch of any
existing bank or trust company, or the purchase of the con-
trol of one banking institution by another, should be subject
to the approval of the Superintendent.

It should be within his province to prevent the organization
of such institutions by improper men, or their establishment
in localities where business conditions do not reasonably assure
their success.

The law says (section 40), that "five or more persons may
become a bank " by complying with the provisions of the act,
and the only responsibility, seemingly, devolving upon the
Superintendent in that connection, is to see that the capital is
paid in in cash (sections 12, 13, 49).

In the case of the organization of a trust company, the
Superintendent, before issuing a certificate, must ascertain
whether " the general fitness for the discharge of the duties
appertaining to such a trust, of the persons named in the cer-
tificate, is such as to command the confidence of the com-
munity in which such trust company is proposed to be located,
and whether the public convenience and advantage will be.
promoted by such establishment" (section 153).

The law should be equally restrictive and explicit as to the
organization of banks and the establishment of bank and trust
company branches, and the duties, powers and responsibilities
of the Superintendent should be clearly defined.

It has sometimes happened that banking institutions have
been organized for no better purpose than to give employ-
ment to the parties bringing about the organization, without
regard to the needs of the locality. Because of the very high
price that the stock of successful banks and trust companies
has commanded, institutions have been organized by promo-
ters whose apparent ultimate object was to realize a profit by
selling, the same after organization was completed.

Branch banking, in its legitimate exercise, is worthy of

Appendix 243

commendation. Where a strong, central institution seeks to
utilize its funds by establishing a branch in some locality
where there are commercial interests and business needs to
be served, it is a wise exercise of banking privilege »and of
mutual advantage to the bank establishing the branch and to
the locality where the same is located ; and in a city like New
York, local needs may perhaps be better supplied by branches
than by a separately organized institution. On the contrary,
however, where a bank seeks to establish branches in various
localities, mainly for the purpose of securing an aggregate of
deposits all under the control of the parent bank, to be used
in furthering the schemes of the parties controlling the same,
it becomes an element of danger to the banking and business
community.

Trust companies in the city of New York are not allowed
to organize with a less capital than $500,000. We think that
banks should not hereafter be permitted to have branches
unless they possess a capital of $500,000; and we think that
both banks and trust companies should be required to furnish
anadditibnal $100,000 capital for each branch opened.

Where a group of promoters unite to buy the control of a
number of separately organized institutions and utilize the
resources these institutions command, by exchanging loans and
deposits, a dangerous element is likewise introduced; the law
should provide means to prevent or eliminate such conditions.
The force of these remarks is illustrated by recent develop-
ments.

It is, therefore, in our opinion, incumbent upon the State
to empower the Superintendent of Banks to scrutinize very
closely not only all applications for the organization of new
banking institutions, but also the projects for the establish-
ment of branches of institutions already organized, and the
circumstances under which control of other institutions is
obtained or mergers of two or more are contemplated. More-
over, he should have the same power to scrutinize the en-
largement of the capital stock and its actual payment in cash,
as obtains in the case of the original capital.

Where people essay to organize a banking institution, it is

244 Public Papers of Governor Hughes

presumed they have money which they wish to invest in the
banking business, and unless the Superintendent, by examina-
tion, is satisfied of this fact, he should, in our judgment, with-
hold and refuse the charter or privilege asked. The onus of .
clearly establishing the financial ability and integrity of pur-
pose of the promoters, as well as the necessity or desirability
of additional banking privileges at the place in question,
clearly rests upon the parties making the application.

In saying this, we desire to specifically disclaim any oppo-
sition to the organization of small banks. Their existence
is essential to the proper service of the public; they serve a
class of business to which the larger institutions, as a rule,
do not cater, except perhaps through branches, and wherever
there is a proper demand for them their creation should be
encouraged. It is only the organization of banks by people
without banking capital, or without a proper motive for seek-
ing such organization, or by people who, from want of good
judgment, seek to establish an institution where, even with
good management, it could not reasonably hope to succeed,
that should be discouraged.

Conduct and Supervision.

The Superintendent of Banks has supervision over all
monied corporations chartered under the laws of the State,
known as banks of discount and deposit, trust companies,
savings banks, safe deposit companies, mortgage loan or in-
vestment companies, and building loan associations. The im-
portance of the office is best expressed in figures. The total
resources of all corporations of the three classes first named,
on January i, 1907, were $3,398,182,274.

In our judgment the relation between the Superintendent
and the corporations under his supervision is not sufficiently-
direct and intimate, nor is his power to control adequate.

The merits of a well managed supervision are evidenced
usually only by the general success of the institutions under
control. The good which the supervising officer accomplishes
is of a negative character; that is to say, he corrects in time
abuses which might otherwise have led to loss, and no wrong-

Appendix 245

doing having come to the public knowledge, the Superintendent
fails to receive special credit for very much of the good which
his office accomplishes.

As long as banking institutions are successful, keep faith
with the public and meet their obligations, there is, from the
governmental standpoint, little ground for criticism. When,
however, through mismanagement or misfortune, their finan-
cial, strength is impaired or menaced, their ability to serve the
public lessened, and possible or probable loss impends, it is
then that the advantage of good supervision is realized; by
enforcing the law and compelling the maintenance of conserva-
tive methods, it protects depositors from loss and the public
generally from the disturbance in business affairs which usu-
ally follows the failure of any banking institution. But un-
less the Superintendent is clothed with adequate direct power
to enforce the law by closing a delinquent institution, the effi-
ciency of the law is obviously lessened. Under existing law
he may criticise objectionable practices when they come to
his knowledge, and report continued delinquencies to the At-
torney-General. His criticism is hence in large measure aca-
demic and may be given scant consideration by delinquents.
The authority to close offending institutions and appoint re-
ceivers therefor should be vested in the Superintendent for
this reason and others to be discussed presently. Were he
clothed with the power to "direct the discontinuance of un-
safe practices," no institution would dare continue the same
after having been admonished by him.

Loans and Investments.

The chief business of banking institutions is the making of
loans or investing the funds in their possession, and the State
undertakes in general terms to regulate the manner in which
this is to be done. Prescriptions too specific in their nature
would interfere with legitimate transactions, and it is hence
judicious to leave the regulation of details to the officers and
managers, subject to the scrutiny of examining and super-
visory officials.

The directors are dependent for their knowledge of a cor-

246 Public Papers of Governor Hughes

poration's affairs upon the reports made to them by their,
officers.

It should be made compulsory that all loans, discounts and
purchases of commercial paper shall be read to the directors
or submitted in Written form, at the meeting next succeeding
the making of the same, and intentional concealment of the
making of such loans, discounts or purchases should be made
a misdemeanor. Failure to submit the making of such loans,
discounts or purchases at such meeting should be prima facie
evidence of concealment. All loans or other transactions of
a like character should be fully reported to the directors.
Such information is furnished in properly managed institu-
tions, and recent events- indicate that a statutory provision is
requisite to bring about such a practice in all monied insti-
tutions.

A deposit of funds of any monied corporation with any
other similar institution, through which credit is given to or
advantage received by the officers or directors of the deposit-
ing institution, directly or indirectly, should be a misdemeanor
upon the part of the officers of the bank responsible for the
making or receiving of such deposit.

This practice is very common among bank promoters. Bank
"A" deposits with Bank " B," say, $250,000 at 2 per cent,
interest, with the agreement by " B " to loan the officers, or
some one they may name, $200,000 or $250,000 at current
rates of interest. In that way the managers of a bank use in-
directly its funds in furthering their schemes. In this way a
group of men are enabled to obtain control of a chain of
banks. Of course no reputable bank would be a party to such
a transaction, and the Penal Code should prevent such a prac-
tice on the part of any.

And in this connection, we think the law limiting loans is
too liberal and we recommend that the amounjt which any in-
stitution may loan upon collateral to any one interest be re-
duced from 40 per cent, to 25 per cent.

Two very important classes of loans have been brought
prominently to the attention of the public, and should be
considered at some length. We refer to loans upon bank (or
trust company) shares, and upon " underwritings."

Appendix 247

Bank Stock as Collateral.

A method of a certain class of promoters, well illustrated
by the recent developments in certain embarrassed financial
institutions, is to buy stock of a bank or trust company, and
by using that as collateral, borrow money with which to buy
stock of another banking institution. By repeating this pro-
cess and by claiming the indulgence due a stockholder in the
matter of extending credit in other directions, it is possible
for adroit and unscrupulous men to acquire the nominal own-
ership of a very tonsiderable amount of stock in a number of
institutions, by the investment of a comparatively small amount
of capital. The object of such a procedure is to obtain a
standing with such institutions, which will enable the promo-
ters to utilize their credit and obtain funds to carry on their
various enterprises.

This is such an old and oft-repeated adventure, that it nat-
urally suggests the propriety of forbidding such loans by law.
Banks and trust companies are already prohibited (by section
25, par. 5) from making loans upon their own stock. It has
been urged that an extension of the prohibition, so as to in-
clude the stock of other banks and trust companies, would
tend to protect the community against such adventurers.

The capital stock of all the banks and trust companies doing
business in the State of New York amounts, in round numbers,
to $263,700,000; the market value thereof ' is several times
larger. It would be clearly an invidious and unjust discrimina-
tion against banking investments to prohibit the use of such
stock as collateral for loans.

We think, however, that no bank or trust company should
be permitted to loan upon the capital stock of any monied
corporation an amount in the aggregate exceeding 10 per cent,
of the capital of the corporation whose stock is offered as
collateral; nor should any bank or trust company make any
loan upon the capital stock of any monied corporation, which
has not been organized and actually engaged in business for
a period of at least six months ; nor upon the shares of stock,
in whole or in part, of any monied corporation that has in-
creased its capital stock within six months prior to the making
of such loan.

248 Public Papers of Governor Hughes

Such a law would make it difficult, if not impossible, for a
group of men to buy the control of bank after bank, using the
stock of the last purchase to collateral a loan, with which to
buy the new. It would also prevent or discourage the organ-
ization of banking institutions by people who have little or no
means of their own.

Underwritings.

Experience has shown that unliquidated claims and the se-
curities of properties in process of development or construc-
tion, even though protected by underwriting" agreements, are
unsafe and undesirable collateral.

. Promotion, aided by syndicate and underwriting agreements,
is entirely legitimate and probably indispensable, in view of the
magnitude of many modern undertakings. It is easy to recall
important works beyond the means of any single interest and
involving greater risk than any one interest could prudently
assume. Such responsibilities may with propriety be under-
taken by individuals or private banking houses, but an incor-
porated bank, or a trust company assuming to discharge trusts
of the highest fiduciary nature, has no right to be engaged,
through the instrumentality of a syndicate or underwriting
agreement, in the construction of trolley lines, power plants
or other enterprises of like character.

The securities of such undertakings have no market. Their
real value can only be tested by the earning capacity of the
enterprises after completion. Underwriting agreements are
frequently participated in by people who have no idea of fur-
nishing funds for the enterprise, but expect the bank or trust
company to carry their obligation in the form of a loan until
the property is completed and the securities sold, and thus
realize a profit without having incurred any responsibility
other than the lending of their names in the meantime.

It has been suggested that banks and trust companies be
prohibited by law from joining syndicates or loaning upon
syndicate enterprises and underwriting agreements. It may
be well to forbid these institutions from becoming members of
syndicates of the ordinary promotion class, but a positive pro-
hibition against all syndicates and underwritings would prove

Appendix 249

detrimental to legitimate enterprises. Thus, when the Federal
Government was compelled to borrow money after the crisis
of 1893, its bond issue would have failed but for the under-
writing thereof by the banks and trust companies of New
York city. In the present crisis the necessities of the city
of New York were similarly cared for. There can be no ob-
jection to such participations, or to the loaning to customers
who may be members of such syndicates.

The great railway systems of the country have recently
offered their securities to the public in great volume, and in
order to refund their short-time notes presently maturing,
they must do so again. Some banking house, as syndicate
managers, must negotiate for the same and in turn put them-
selves in position to complete the purchase by a syndicate or
underwriting agreement — that is, they invite others to par-
ticipate with them in the purchase for stated amounts. The
syndicate managers have the right to sell the whole issue if
they can, but failing this, the underwriters must take the se-
curities and pay for the same up to the amount of their under-
writing.

There are no better investments available than those offered
by a great railway system, and there would seem to be no
objection to the purchase of such securities in the manner
described. The criticism lies against the quality, rather than
the nature of the transaction.

We think it wise to amend section 25 of the Banking Law
by adding a new subdivision i-a:

"(a) No bank or trust company shall make any loan or ad-
vance to an amount in excess of 20 per cent, of the capital,
surplus and undivided profits of the bank or trust company
making such loan, the repayment of which is undertaken sev-
erally, but not jointly, by two or more individuals, corpora-
tions, firms or other parties."

That will prevent any one institution from loaning more
than 20 per cent, of its capital, surplus and profits in the ag-
gregate, upon any underwritten securities or syndicate under-
taking. Recent disclosures show that frequently the entire ad-

250 Public Papers of Governor Hughes

Vance of funds desired in the undertaking was made by one
institution.

We think the above limitation would have prevented most,
if not all, of the syndicate loans which recently brought trouble
to several institutions in this city.

We also think it well to enact that

"No bank or trust company shall make any loan or advance
where such bank or trust company is liable directly, indirectly
or contingently, for the repayment of such loan or advance in
whole or in part."

The foregoing is intended to restrict a loan upon syndicate
or other obligations where the bank or trust company making
the loan is at the same time a participant as an underwriter.

This is as far as we think it wise to go in recommending
positive enactments.

The obligations of the United States, of the State of New
York and of the cities of the State -of New York should be
excepted from the above.

The correction of the evil involved in this class of trans-
actions can, in our opinion, be best accomplished by respon-
sible, authoritative and efficient supervision; and to render
supervision effective, specific power to direct the discontinu-
ance of unsafe practices should be given.

Reserves.

The subject of reserves is properly regarded as of vital
importance in the conduct of banking business.

Primarily, the reserve keeps the bank in condition to re-
spond to demands made upon it by its depositors; secondarily,
the reserve requirement tends to prevent undue, and hence
also injudicious, expansion of credits. It is when a bank's
obligations are materially increased without a corresponding
enlargement of reserves, that difficulties are likely to ensue.
Hence the great value of the restraining influence of reserve
laws.

When the reserve requirements of the National Bank Act
were being determined in 1864, leading conservative bankers

Appendix 251

were asked to fix percentage ratios, which a well-managed
bank would endeavor to maintain — which, in other words-,
it would be as likely to be " over " as " under ;" and it was
the consensus of opinion of the bankers that fixed the rates
which now obtain with respect to institutions operating under
the Federal law.

National banks in central reserve cities, of which there are
three — New York, Chicago and St. Louis — are required to
keep a cash-in-bank reserve equal to 25 per cent, of their de-
posits; banks in ordinary or local reserve cities, of which
there are two in this State — Brooklyn and Albany — are re-
quired to keep 25 per cent, reserve — 1234 per cent, cash-in-
bank and i2y 2 per cent, with an approved National bank cor-
respondent in some central reserve city. All other National
banks are required to keep 15 per cent, reserve, two- fifths
thereof or 6 per cent, of the deposits must be cash-in-bank,
and 9 per cent, may be with an approved reserve agent in
. any reserve or central reserve city.

State banks in a city of 800,000 population or more, are re-
quired to keepl 15 per cent, reserve; those elsewhere in the
State are required to keep 10 per cent, reserve (section 44,
par. 1). In each case one-half must be cash in their posses-
sion, in lawful money of the United States; the other half
may be kept on deposit with any bank or trust company hav-
ing a capital of at least $200,600 and approved by' the Super-
intendent of Banks (section 44, par. 2). Under this law a
State bank in the city of New York is required to keep only
J^/i per cent, cash-in-bank; the remaining '71^ per cent. -may
be kept with an approved agent at any other point' within the
State. In practice, they maintain at least 15 per cent, cash
reserve and most of them hold 25 per cent.

Trust companies located in a city of 800,000 population or
more, are required to maintain a reserve of 15 per cent,
against their aggregate deposits, all of which may be, and at
least 5 per cent: of which must be, cash^-oh-hand ; 5 per cent,
may be kept in United States, State or municipal bonds of
New York State; and the remainder may be kept with other
banks or trust companies in the State, approved by the Super-
intendent of Banks as reserve agents. Trust companies doing

252 Public Papers of Governor Hughes

business elsewhere in the State are required to hold 10 per
cent, reserve — at least 3 per cent, in cash, 3 per cent, in bonds
as above and the remainder with an approved reserve depos-
itory (section 164).

If anything were needed to show that municipal bonds are
in no sense reserve, it is furnished by the condition and range
of prices of such bonds at the present time, having special
reference to bonds of the city of New York.

It may be stated generally, that the same kind of business
should be protected by the same percentage of reserve, whether
it be done by National banks, State banks or trust companies.
It is claimed, however, that exceptions should be made to this
rule. It is urged that National banks of New York city
(Manhattan) are the reserve depositaries of National and
State banks generally throughout the country. They are en-
gaged in a much wider range of business and are likely to be
drawn upon at times and under circumstances when State
banks are exempt. For instance, the funds supplied to the
interior for the movement of the grain and cotton crops, are
practically all drawn from the National banking institutions.
They have thus a wider range of exposure than State banks.
Conditions, however, which affect the National banks, imme-
diately impress their influence upon the State banks, and no
line of demarcation can well be drawn.

State banks and trust companies are largely the depositaries
for savings banks, because savings bank deposits by State law
are preferred in State institutions.

There are, in the city of New York, seventeen National
banks which have very few correspondent banks in the in-
terior, whose business is hence closely akin to that of the State
banks in all respects, and these banks keep 25 per cent, re-
serve. ■

The combined status of all of the banks in the metropolis
constitutes, in the eyes of the public, the ultimate reserve
strength of the nation ; this is necessarily weakened, if a cer-
tain number of them are permitted to hold less cash reserves
than the others do; the. burden is unequally borne. The
Clearing House Association (fifty-two members) endeavors
to maintain the aggregate at or above the 25 per cent, ratio ;

Appendix 253

most of the State bank members thereof voluntarily observe
this, and we see no sound reason why they should not all be
required to do so, especially in view of the fact that many of
them are establishing branches (not permitted to National
banks), which emphasizes the need for full reserves.

Trust Company Reserves..

Some distinction should be made between banks of dis-
count and trust companies in respect to reserve requirements.
Trust companies are required to invest their capital in bonds
of the United States, or of the State of New York, or of
municipalities in the State, or it may be in mortgages (section
159). They must also deposit not less than 10 per cent, of
their capital with the Banking Department, in bonds (section
14) . These provisions as to capital investment were regarded
in the nature of reserve and the public have therein a measure
of protection.

The theory upon which trust companies were formerly
permitted to hold deposits without provision for a cash re-
serve, was that the deposits represented chiefly trust funds of
estates, etc., which were not subject to check, but presumed
to be to a large extent invested as authorized by the statute
or by the instruments under which the funds were held. The
ordinary bank relation of debtor and creditor did not exist,
as the funds were held for the benefit of cestui que trusts.
The deposits repayable to depositors (where the ordinary
bank relation of debtor and creditor existed), were repre-
sented by certificates of deposit in the nature of a contract,
giving the trust company the privilege of requiring some
period of notice, generally five to ten days.

The specially chartered companies, prior to the trust com-
pany legislation of 1887 did not, as a matter of practice, re-
ceive deposits subject to check to any considerable extent.
Under their powers (section 156, par. 2), trust companies
are authorized " to receive deposits of trust moneys, securities
and other personal property." The circumstance that the
charters and the law are silent as to check accounts, left the
way open to trust companies to do a general banking business.
This has resulted in the accumulation by the trust companies

254 Public Papers of Governor Hughes

in New York city, of deposit liabilities almost equal in volume
to those of the banks, the protection of which in the way of
cash reserve, is the 25 per cent, cash reserve maintained by
the banks, plus the 5 per cent, cash reserve now (since 1906)
held by the companies (section 164).

It has been suggested to us to classify the deposits of trust
companies, with -a view to graduating the reserve that should
be kept upon the same — substantially as follows :

(a) Trust deposits, preferred by the terms of section 158
of the Banking Law. Such deposits are not subject to check,
are awaiting investment and require no reserve.

(b) Deposits payable upon notice of not less than thirty
days, or maturing at a fixed date at least thirty days in the
future. Such, deposits would manifestly require less reserve
than demand deposits.

(c) Demand deposits, which should manifestly require the
same reserves as deposits in banks of discount.

We are not certain that such a plan of estimating reserves
would prove practicable, and it would clearly open the way to
difficulties in administration. We have, however, not ignored
the merits of the suggestion. It has been officially reported
that fully 80 per cent, of the deposits of the companies are
subject to check; it follows that a 20 per cent, cash reserve
upon the total deposits would be the equivalent of a 25 per
cent, cash reserve in the case of banks. We find, however,
that the proportion of demand deposits, as shown by reports
to the Bank Department, is somewhat larger, as the following
data show:

Average Deposits as Given in Returns for January 1, 1906;
January \\ 1907; August 22, 1907.

Total deposit liability $841,000,000

Deposits represented by certificates 81,000,000

.Sums held as executor, etc 35,000,000

Deposits subject to check and due to banks and

■■ other trust companies 725,000,000

Ratio of last-named item to total 86.28 per cent.

Appendix 255

To avoid the practical difficulties in a classified plan, we
have applied the same to several companies for the purpose of
ascertaining what ratio of reserve on the total deposits would
be its equivalent.

All these studies lead us to the conclusion that a reserve,
of 25 per cent, should be maintained by the trust companies
in the city of New York proper (borough of Manhattan), of
which 15 per cent, should be cash on hand and 10 per cent-
cash in some bank or trust company approved by the Superin-
tendent of Banks.

At the same time, all limitations as to the investment of
trust company capital should be removed. The limitation im-
posed is a hardship to the companies and has failed to afford
that protection to the public which was hoped for.

In 1897 the reserve deposits of the National banks and
State banks and trust companies in New York city (borough
of Manhattan), amounted to $877,700,000; the total cash held
by the same was $200,400,000, the percentage of reserve being
22.8. (Table "B.")

In 1907 the reserve deposits of the National banks and
State banks and trust ' companies in the city amounted to
$1,951,600,000. The cash held by the same was $324i300,ooo,
the percentage of reserve being 16.6, a decrease of 6.2 points'
during the period of ten years, or a shrinkage of 27.2 per
cent. (Table" B.")

In other words, the protection of the business of the city of
New York, afforded by the banks' reserves, suffered a de-
crease of oyer 27 per cent, in the decade, notwithstanding the
fact that in 1907 trust companies were required to keep 5
per cent, cash reserve under the law of 1906.

Let us trace the details of the growth of the business of
New York city, as evidenced by its banking: power and the
reason for this shrinkage in reserve power will. clearly ap-
pear.

The total resources of the banking institutions in 1897 was
$1,220,800,000; in 1907, $2,843,500,000, being an increase of
132.9 per cent; The total resources of the National banks in-
creased 92.1 per cent.; those of the State banks increased

256 Public Papers of Governor Hughes

1 18.5 per cent.; those of the trust companies increased 228.4
per cent. (Table " B.")

Of the gain in business in the decade, 14.4 per cent, ac-
crued to State banks; 46.2 per cent, to trust companies; 39.4
per cent, to National banks. (Table " G.") -

Another and more forceful way to express the advantage
which trust companies enjoy, from a money-making stand-
point, is to state the percentage of their total resources which,
under existing laws and practices, is earning interest as com-
pared with the resources of State and National banks; 70.9
per cent, of the total resources of State banks are (1907)
loaned or invested in securities or real estate — in other
words, earning interest. The percentage of the total resources
of the National banks earning interest is 70.3; whereas 92.2
per cent, of the total resources of the trust companies is earn-
ing interest. (Table " H.")

From returns covering five periods, collated in Table " I,"
it appears that the deposit* held by trust companies averaged"
36.3 per cent, of the total for all institutions in the city, while
the cash reserves held by them were only 10 per cent, of the
whole; State banks, with 14 per cent, of the deposits, carried
15 per cent, in cash reserves; National banks held 49.7 per
cent, of the aggregate deposits and 75 per cent, of the cash.
Nor was the relative situation materially different when the
two reports since the enactment of the law of 1906 are con-
sidered. (Table " F.")

As the volume of bank business increases, their reserves
correspondingly increase under the law. The larger compara-
tive growth of the trust companies results from the fact that
people will seek to make money along the lines of least resist-
ance.

Trust companies have no claim to special indulgence on the
part of the State ; they are organized for the purpose of mak-
ing money for their stockholders, precisely as are the banks of
discount ; and since they are measurably engaged in the same
class of business, we are unable to see why they should not
bear their fair share of the responsibility of protecting the

Appendix 357

business and commercial interests of- the State by keeping
proper reserves. They have become a most useful, lmportanc
and powerful factor in our banking system, and they have
come to stay. Their banking power nearly equals that of
discount banks, and their responsibilities, so far as they do a
banking business, should be the same. The proposed in-
creased . reserve requirements will result in the accumulation
in the vaults of these trust companies of a very considerable
amount of cash. (Table " I.")

The weekly bank statement of the New York Clearing
House is telegraphed throughout the country and cabled
abroad; it is studied carefully and exercises a most important
influence upon monetary and business affairs. The reserve
power shown is the dominant factor in insuring public confi-
dence. Had the banking position been better fortified with
reserve, it is fair to assume that confidence at the present time
would not have been impaired, at least to so great an extent,
and consequently the withdrawal and hoarding of money
would have been lessened.

The financial crisis through which we are at present pass-
ing, coupled with the very inadequate and defective currency
system which obtains in this country, has resulted in the hoard-
ing of currency both by banks and individuals to a" very con-
siderable extent. In the past- a period of money-hoarding has
been followed by a period of money-plethora. Judging by
experience, we may expect a most favorable opportunity to
accumulate the proposed reserve.

Reserves Generally.

The city of Brooklyn and the city of Albany are designated
as reserve cities under the National law and are required to
keep 25 per cent, reserve — • i2,y 2 per cent, cash-on-hand and
I2,y 2 per cent, with some central reserve city. We think that
State banks and trust companies, located in those two cities,
should keep the same reserve as National banks located
therein.

9

258 Public Papers of Governor Hughes

State banks and trust companies in all other places in the
State should keep 15 per cent, reserve — two-fifths (or 6 per
cent.) in cash-in-bank, and the remainder in some bank or
trust company approved by the Superintendent of Banks.
This would place the State institutions on a par with the Na-
tional banks and will, we think, strengthen their credit and
redound to their advantage. There is no reason why the bank-
ing system of the State of New York should be in any respect
inferior to any other system of banking, less conservative in
its methods or less protected by reserve.

Care should Be taken to prevent evasion of the laws as to
dtie-from-bank reserves, such as we find to have been prac-
ticed under existing law. To illustrate: (Trust Co.) "A"
deposits $100,000 with ( Bank) " B ;" " B " in turn deposits the
same amount with (Trust Co.) " C," and "C" deposits the
same amount with "A." This would avoid an offset of de-
posits and leave -each institution in possession of its original
amount of funds and enable each to count such deposit as re-
serve, under the present law.

New York is the Empire State, and New York city is the
financial and commercial center of this continent. It may not
be the financial center of the world, but in the very near fu-
ture if will, surpass in banking power and commercial import-
ance any other one city, wherever located. Its growth will
keep pace with the development of our own country and also
must parallel expanding commerce and increasing wealth of
the whole world. This fair prospect, which must appeal to us
all, will, we fear, be seriously clouded if the, reserve protec-
tion of our banking and business interests is permitted to de-
crease in the future as it has in the past.

Receiverships.

As before indicated, we recommend a radical change in the
law governing the closing and liquidation of insolvent corpo-
rations under the supervision of the Banking Department.

In general terms, the existing law (chap. 60 of 1902) pro-
vides that the Superintendent of Banks shall report delinquent,

Appendix 259

insecure and insolvent institutions to the Attorney-General,
who makes application to the Supreme Court on behalf of the
State, for the appointment of receivers. Pending such appoint-
ment, presumably, although the law does not specifically pro-
vide therefor, the Banking Department remains in charge of
such institutions, transferring the assets and entire control to
the receivers when they have duly qualified. The entire busi-
ness of liquidation then passes absolutely from the control of
the Banking Department and is formally in the jurisdiction of
the court, subject only to certain supervision on the part of
the Attorney-General. ,

The h'story of the subsequent administration of such trusts
is in the records of the courts and in the office of the Attor-
ney-General. No reports of the administration of these trusts
are collated or made public. The restraining influence of
publicity is entirely divorced from their subsequent manage-
ment. We think this a great mistake, and the conclusion is
amply borne out by such facts as we have gleaned from the
records for contrast with the administration of similar trusts
under the National Bank Act. (Table " K.")

The Superintendent of Banks should by law be made the
receiver of all failed corporations subject to his jurisdiction,
or receivers should be appointed by the Superintendent, pre-
cisely as receivers of National banks are appointed by the
Comptroller of the Currency; the administration of such
trusts should be under his supervision, and regular reports
of their condition should be made and become matters of pub-
lic record.

The Department should have an examiner or examiners of
failed banks, whose duties should be to constantly supervise
the same and to aid the Superintendent in effecting compro-
mises and in bringing together adverse and contending inter-
ests, in order that matters in dispute may be adjusted and the
assets realized- upon with as little litigation and delay as pos-
sible, all for the purpose of yielding the largest possible divi-
dend to the creditors of the institution. By administering the
trust in the above manner the assets could be liquidated very

260 Public Papers of Governor Hughes

much as they would be in the case of a going bank and very
largely to the advantage of the creditors.

if it be objected that this is placing too great power in the
hands of one man in respect to large and important interests,
we answer that similar power is possessed and exercised by
the Comptroller of the Currency with reference to National
banks; and while the banks and' companies in this city and
State, subject to the Superintendent, are large and import-
ant, still they are not larger nor more important than the
National banking institutions supervised by the Comptroller
of the Currency. The concentration of power and of re-
sponsibility is indeed essential to efficient administration.

Attorney-General Davies, in 1902, reported to the Legisla-
ture that he had caused to be compiled the cost (receivers',
attorneys' and referee's fees and expenses) of liquidating in-
solvent banking and insurance companies for a period of ten
years, covering seventy cases ; that the expense of a large
number of those receiverships had been from 20 per cent, to
30 per cent, of the receipts, some of them running as high as
80 per cent, or 90 per cent. (Table " K.")

The National banking system has been in existence for
forty-three years and embraces at this time 6,600 banks. The
total number failed since the creation of the system to the end
of 1906 is 468. The total receipts of these several receiver-
ships were $164,498,000 and the total expenses $12,208,000, a
ratio of expenses to receipts of 7.4 per cent. This contrasts
most favorably with the administration of failed banks under
our State law.

Nor is the lower ratio of cost attributable in any material
degree to the fact that such expenses are ordinarily lower in
other States ; for in the case of the thirty-nine insolvent Na-
tional banks located in this State, the percentage of total ex-
pense was 8.7, little more than one-half the ratio in the cases
of State banks liquidated.

While under our system the compensation of receivers is
fixed and appears fairly reasonable, incompetent persons are
frequently appointed, which in itself increases the expense;
and the fees are often increased by the courts upon special

Appendix 261

pleas. The number of attorneys to be employed and their
compensation are not regulated properly; many matters,
which might readily be made the subject of adjustment by
applying the same principles which obtain as between indi-
viduals, become subjects of litigation; expensive " references"
are necessary, not only for the settlement of contested ques-
tions, but upon the occasions of the periodical accounting of
receivers. These circumstances cause inordinate legal ex-
' penses, largely added to by the notoriously cost-breeding de-
lays in so many of our courts. The difficulty and expense
of getting rid of a receivership in the case of a bank tempo-
rarily embarrassed and which ought to be permitted to re-
open would be avoided by reposing in the Superintendent of
Banks the powers we suggest.

Very much of this expense could be obviated by adopting
the principle which has worked so well in the National sys-
tem. No one can seriously compare the methods and results
of the two systems and fail to be impressed with the facility,
efficiency, and economy of that operating under the National
law. By contrast our State system exhibits delay, incompe-
tence and extravagance.

Savings Banks.

We are greatly surprised at the extent to which other in-
stitutions are doing a savings bank business, as evidenced by
the figures submitted. They receive deposits, issue pass-books
and the deposit is only payable upon return of the pass-book.
This we believe open to severe criticism, but think it is a mat-
ter to be dealt with by the Superintendent in his report. It
is somewhat difficult to separate trust business proper from
what is banking business pure and simple, in the trust com-
panies, but there should be no difficulty in differentiating sav-
ings bank business from ordinary bank business.

The laws governing banking corporations should be sub-
jected to rearrangement, revision and codification; they con-
tain certain minor defects not affecting the actual business,
but nevertheless susceptible of improvement. The provisions
covering related features are often scattered, the result of

262 Public Papers of Governor Hughes

much additional legislation since the last codification. Some
provisions are duplicated, and altogether the body of the laws
is in confusing form.

Respectfully submitted,

A. B. HEPBURN,
STEPHEN BAKER,
ANDREW MILLS.

With the exception of the reserve of 15 per cent, cash
for trust companies, which I regard as too Low, I
concur in the above report and will forward a memo-
randum on the subject of reserves.

A. S. FRISSELL.

With the exception of the recommendations relative
to the reserves of banks and trust companies, we con-
cur in the foregoing report. Our conclusions upon that
subject are set forth in the accompanying memorandum.

E. S. MARSTON,
EDWARD W. SHELDON,

Committee.
Dated, December 16, 1907.

Memorandum Regarding Reserves of State Banks and
Trust Companies.
The subject of reserves is properly regarded as of great
importance in the conduct of banking. It is likewise a subject
of some complication. While on the one hand it is essential
that adequate provision be made for prompt payments in cash
of such proportion of the deposits as long extended banking
experience indicates to be reasonable, on the other hand it is
disadvantageous alike to depositors and the general public to
have an unnecessary amount of our insufficient money supply
withdrawn from circulation and locked up in vaults. The
Trust Company Reserve Law of 1906, for example, by its
withdrawal from circulation between May, 1906, and Janu-
ary, 1907, of between $30,000,000 and $50,000,000 of cash to
constitute the lawful money reserve of 5 per cent, doubtless
contributed in appreciable measure to the present money
stringency, without in any degree preventing the embarrass-
ment of the few trust companies which have recently been

Appendix 263

subjected to rapid withdrawals of deposits. Nor were the
National banks, with which the trouble began, wholly pro-
tected by their cash in vault. Indeed no possible cash reserve
can be adequate to meet such periods of stress. So that we
may conclude that the recent troubles among financial insti-
tutions, State and National, must have had other causes as
well as insufficient cash reserves.

It may be freely conceded that the same kind of deposits
should be protected by the same percentage of reserve,
whether they are held by National banks, State banks or
trust companies. But it is equally clear that these three classes
of institutions do not deal in the same kind of deposits. As
the reserve depositaries of National and State banks gen-
erally throughout the country, the National banks of Man-
hattan are widely and constantly exposed to special drafts.
Hence the need in their case for a maximum amount of law-
ful money reserve. The State banks of that borough occupy
a more local and much less exposed position. If 25 per cent,
lawful money reserve is required for the National banks,
15 per cent, instead of as at present, 7J4 per cent, in money
and "J 1 /?, per cent, in approved reserve depositories, would
seem to be adequate for the State banks here. For banks
elsewhere in the State, we are not yet convinced that the
present reserve requirements are insufficient.

A marked distinction should be made between trust com-
panies and banks of discount, whether State or National, in
respect to reserve requirements. While the deposits of trust
companies have rapidly increased in the last few years, and
are now almost equal in Manhattan to those of the National
banks, it should also be remembered, as showing the compara-
tive inactivity of trust company deposits, that the clearings of
those companies in Manhattan are only about one-thirteenth
of. the clearings of the associated banks.

By way of reserve, trust companies have always been re-
quired to invest their caoital in real estate mortgages or in
bonds of this State or of the United States, or of counties
or cities in the State. (Section 159.) They must also de-
posit with the Superintendent of Banks not less than 10 per

264 Public Papers of Governor Hughes

cent, of their capital in such bonds, or in real estate mort-
gages. On the aggregate capital of the trust companies in the
State, these two requirements create a reserve equal to about
7 per cent, of their aggregate deposits.

No further provision for trust company reserves was made
until last year, when the whole subject was considered at
length by the Legislature, and the reserve prescribed by sec-
tion 163 was created. Briefly stated, that law requires 15 per
cent, reserve in the city of New York, of which at least one-
third must be actual money, not more than one-third may be
in bonds of the character described above, and not more than
two-thirds may be on deposit in approved banks or trust
companies. In other parts of the State the reserve must be
10 per cent., of which at least three-tenths must be money,
not more than three-tenths may be in bonds, and not more
than four-tenths in approved depositories.

This reserve law of iqo6 was doubtless due to the fact
that after the enactment of the General Trust Company Law
in 1887, many new trust companies were formed, the cor-
porate activities of some of which had grown more and more
like the business of banks. This change in corporate functions
has been due to other causes than legislative policy, for the
onlv direct statutory authority upon which the ordinary bank
deposit business of a trust company could be based, is found
in subdivision 2 of section m6. where power is given to trust
companies " To receive deposits of trust moneys, securities
and other personal property from any person or corporation,
and to loan money on real or personal securities." The ob-
vious intention of this clause, which was taken from the
charters of the specially incorporated trust companies, was to
permit more or less permanent deposits of reserve and trust
funds upon such terms as to repayment and as to interest as
might be agreed upon. That there was no purpose to au-
thorize general deposits, subiect to check at sight, is indicated
in two other places in the Banking Law, first in section 2 by
the definition of a " trust company " as " a corporation formed
for the purpose of taking, accepting and executing such trusts
as may be lawfully committed to it and acting as trustee in

Appendix 265

the cases prescribed by law, and receiving deposits of money
and other personal property, and issuing its obligations there-
for, and of loaning money on real and personal securities;"
and secondly, in section 14, by the reference to a trust com-
pany as a ; corporation " engaged in receiving deposits of
money in trust." It thus appears that the receipt of such de-
posits of money was intended to be incidental and in a sense
akin to the principal trust company business, namely, the ex-
ecution of trusts. In receiving and paying out these deposits,
actual money transactions have not been common. Each
trust company has had its own banks of deposit and pay-
ments of deposits have ordinarily been made by giving the de-
positor the trust company's check on one of its banks. In
some of the companies, too; a large portion of the deposits,
represented either by certificates of deposit or draft accounts,
has been payable on time. The practice of allowing active
check accounts, payable on demand, has only grown up in
the last few years, and almost always, we think, among the
newly-formed companies. Many of these companies do prac-
tically no trust business, and instead of being merely de-
positors in the banks, have become their active competitors.
By way of retaliation, perhaps, most of the banks have
adopted the habit of allowing interest on deposits subject to
payment by check. It seems advisable on every ground that
the essential distinction between banks and trust companies
should be restored. In this way only can the evil of the
present situation be eradicated, and any reformatory legisla-
. tion should have that end in view. The difficulty with the
reserve recommendations of the main report seems to us to
lie in the fact that they probably would have the effect of
encouraging, instead of restraining, the fusing in one corpo-
ration of two distinct classes of corporate business, with the
result of compelling trust companies to become more and more
like banks. From that policy it is an easy step to allow banks"
to transact a trust company business.

To give effect to these important principles, it is suggested
that in cities of upwards of eight hundred thousand inhabit-
ants, a lawful money reserve for trust companies of 15 per

266 Public Papers of Governor Hughes

cent, upon all deposits payable on demand, in addition to the
reserve supplied by their capital investment and the 10 per
cent, guaranty fund, would be adequate. In, other parts of
the State, a lawful money reserve equal to that which may
be found proper for State banks in the same locality should
be required on all demand deposits.
Dated, December 16, 1907.

EDWARD W. SHELDON,
EDWIN S'. MARSTON.

His Excellency, Charles E. Hughes, Governor of the State
of New York, Executive Chamber, Albany, N. Y.:

Sir. — While I approve the report signed by Mr. Hepburn
and others as a whole, and favor particularly a cash reserve
of 25 per cent, for the State banks in the borough of Man-
hattan, I maintain that 25 per cent, in cash, exclusive of the
strictly trust deposits, should also be kept in the vaults of the
trust companies in the borough of Manhattan, my premise
being that the same reserve should be kept by the National
banks, trust companies and the State banks in the borough of
Manhattan, and that therefore any institution doing a bank-
ing business, whether under the name of bank or trust com-
pany, should carry the same cash reserve.

It would be pleasanter for me to agree with the report, but
as this matter of reserve, when once arranged, will be diffi-
cult to change, I believe that harmony in the commission is
of less importance than the expression of individual views.

Sufficient Cash Reserve Necessary.
- The difference between a civilized and a barbarous country,
from a commercial point of view, is that one uses credit
largely, and the other but little. Credit rests upon cash;
banking- rests upon cash. A reserve is the foundation on
which the superstructure of credit rests, and it must be broad
enough to carry the weight. A reserve is little used in or-

Appendix 2 °7

t-

dinary times, but it is kept not only for a basis of credit, but
for actual use in times like the present. In 1893, as well as
this year, the clearing house banks in New York decreased
their reserves from 25 per cent, to 20 per cent., and by so
doing kept the Stock Exchange open, relieved the trust com-
pany situation, shipped money to the interior, and in general
built a bulwark against extreme fright and loss. Another
important thing about reserve is mobility. The clearing house
banks, by acting together, without friction or trouble, and by
the issuance of clearing' house certificates, automatically helped
their weaker members, and the weaker banks obtained such
help as was necessary without delay or humiliation. Even
before the loan certificates were issued, it was easy for the
clearing house banks, with their accumulated reserve's, to pay
if necessary the deposits of the three banks which needed as-
sistance and reorganization. Compare this with the halting,
irregular and protracted manner in which the two trust com-
panies were helped ! There were lines of anxious depositors
outside their doors for weeks. These trust companies could
not immediately obtain requisite assistance. This shows the
difference between the disadvantages of the slight trust com-
pany reserves, as now managed, and the tried and ample re-
serves of the clearing house banks. The claim that additional
cash reserve takes money out of circulation is without force
if reserves are insufficient.

Deposits of the clearing house banks in the city of New
York have increased from $370,300,000 in 1893 to over a bil-
lion dollars, owing in part to the large increase of the pro-
duction of gold in the world. The clearing house banks have
built up their cash reserves since 1893 from $93,000,000 to
$256,ooojooo. The fact that the trust companies in the
borough of Manhattan have not increased their reserves cor-
respondingly while their deposits have been increasing, from
about $224,000,000 in 1893 to over a billion dollars in 1905,
has contributed to the present panic. A billion dollars in de-
posits is a superstructure that cannot be. maintained on a 5
per cent, cash reserve, and it was sure to topple over.

268 Public Papers of Governor Hughes'

Time Favorable for Increasing Reserves.

There is a difference between the periodical lock-up of funds
in the United States Treasury and the gradual increase of
reserve by banks and trust companies, because after the re-
serve has once been accumulated it fluctuates only as the
deposits rise and fall. We are in a position similar to that
of a country desiring to get on a gold basis. Gold naturally
flows where it is most desired. Just at this time the accumula-
tion of additional reserve can be easily accomplished. In the
panic of 1893, after the reserves of the clearing house banks
had gone down to 20 per cent., as was the case this year,
they increased before the end of the year to about eighty
million dollars surplus reserve above 25 per cent. This was
on $506,000,000 deposits — less than half of our present de-
posits in clearing house banks. The same increase after the
close of our present stringency would give the banks over
$160,000,000 surplus ressrve ; should we succeed in getting
this amount it would be nearly enough far the reserves of
the trust companies. Another reason why this is an excep-
tionally good time for building up reserves is that the trust
company deposits are low, and a relatively smaller amount of
cash will be required. A similar situation cannot be expected
to occur until after the next panic.

If the trust companies, with or without legislation, will ju-
diciously lock up the coming plethora of money in their own
vaults, they will hold, in whole or in part, the gold which has
been shipped here in such large quantities, and the rates of
discount will not be high.

Trust Companies Should Keep Their Own Reserves.

There is a reason for country banks keeping reserve ac-
counts in New York, because their business requires them to
draw on New York, but there is no economic reason for a
trust company to keep a reserve account in another institu-
tion in the same city, other than in a central reserve bank
like the Bank of England. A few years ago, even as late as
1897, when the trust company deposits were only $258,000,000,
they were small compared with the deposits of the clearing

Appendix 26:

^

house banks, and it was not a matter of so much importance,
but now when the trust company deposits have been nearly
equal to those of the clearing house banks, the situation is
serious.

One objection to allowing the reserve of one institution
to be kept in another institution in the same city has developed
in the recent panic. Under the reciprocal reserve plan Trust
Company A deposits $500,000 with Trust Company B ; Trust
Company B deposits an equal sum with Trust Company* C ;
and Trust Company C deposits the same amount with Trust
Company A, thus making one-half million dollars counted as
reserve three times.

A number of the recent reports of the joint stock banks in
London stow that even there they have leaned too much on
the Bank of England, and that it is necessary for the joint
stock banks to keep a larger reserve in their own vaults.

Call Loans Not a Substitute for Cash.

It is objected that the cash reserves of trust companies are
not necessary, as they do not depend upon the cash, but upon
their call loans for fluctuations in deposits. This is no less
true of the National and State banks in New York city, but
the stock market, as well as all other business which is repre-
sented by dollars, depends upon cash. One of the things that
the clearing house banks have to do in a time like this is to
see that sufficient money is lent to share and bond dealers, in
order that there may be a market for the purchase and sale
of securities. In 1873 clearing house certificates were not
issued early enough, and the condition of affairs became so
chaotic that it was necessary to close the Stock Exchange for
about ten days, and call loans could not be paid. Support
comes from the reserves, and the trust companies should do
their share.

Difference in Reserves Equivalent to a Rebate.

If a town has a railroad rebate, the competitive town with-
out the rebate goes to the wall. The press has shown how a
system of rebates has destroyed competition. The present

270 Public Papers of Governor Hughes

discrimination in favor of the trust companies, that is be-
tween 25 per cent, cash reserve and 5 per cent, cash reserve>
is 80 per cent. If the trust company cash reserves should be
increased even to 20 per cent., the rebate against the banks
would be 20 per cent.y that is, the difference between 20 per
cent, and 25 per cent, reserve. On the face of it the compara-
tive profits of the trust companies and banks may not be of
public interest, but a slight examination of the subject shows
that good banking is essential to the public good. The com-
petition of the trust companies^ both in the city and State,
has honeycombed the banking situation; it has tempted the
banks, in order to meet the competition, to take long loans for
better rates and take undue risks. It seemed necessary for
the banks to do this in order that they might pay the same
rate of interest as the trust companies did easily with their
smaller reserve. The reports of the trust companies, State
and National banks in the borough of Manhattan, show that
the trust companies get profit on 92.2 per cent, of their re-
sources, as against 70.3 per cent, and 70.9 per cent, by the
National and State banks respectively ; these figures show how
great the rebate has been against the National and State banks
in favor of the trust company business. Even should the
reserves of the trust companies be increased to 20 per cent.,
they could frequently pay 1 per cent, more interest than the
banks carrying 25 per cent, reserve. A few only of the old
and established banks have, for themselves, met the situation
by refusing to pay interest at all, but this is impracticable
•for the new or ordinary bank.

The Interest of a Few vs. Public Interest.
The banking situation in New York is peculiar. There are
banks which have heavy, deposits from country banks, and
to this extent they are protected from trust company com-
petition. Other banks in Wall street have large trust com-
pany deposits ; this enables them to accept the trust company
competition with profit. But the majority of the banks in the
clearing house, as well as the thirty other hanks in the borough
of Manhattan which are not in the clearing house, are not

Appendix 271

thus situated,*-and but few State and National banks through-
out the State of New York have any of the favorable condi-
tions named above. They protest . strongly against the bad
banking which is induced by this unfair competition. Two
State institutions doing substantially the same business should
be under the same regulations as regards reserve, whether
called banks or trust companies. The report properly tries
to help the situation as far as the country is concerned, but
the borough of Manhattan is left to struggle with the diffi-
culties alone, in a modified form.

There are 404 National banks in the State of New York,
and 196 State banks, making 600 in all. Many of these banks
have long and honorable records. The solution has been pro-
posed by different trust company officers that the National and
State banks should become trust companies. It can fairly be
asserted that this would not be for the public good.

No Exclusive Right in Time Deposits.

There is something amusing about the sacrosanct view re-
garding trust company deposits. There seems to be an impli-
cation that -time deposits belong to the trust companies of
right. Banks have always favored deposits likely to remain,
anH in fact they are the cream of the business.

The majority of the Commission tried hard to find some
way of differentiating the trust company deposits, so as to ar-
range for one reserve on deposits subject to check and a dif-
ferent reserve on time deposits, but they found practical diffi-
culties in enforcing any such provision.

Then the Commission tried to arrive at what should be the
reserve for total deposits. The statistics gathered by the com-
mittee, contained in the report, show that:

The average gross deposits of the trust com-
panies for three periods (Jan. 1, 1906; Jan.
1, 1907; Aug. 22, 1907) were $841,000,000

Deduct from this average sums held as execu-
tor, etc 35,000,000

Which leaves net deposits of $806,000,000

272 Public Papers of Governor Hughes

The average deposits represented by certificates were $81,-
000,000, or only about io«per cent, of the net deposits. To
represent this 10 per cent of time deposits, the report allows
the trust companies to keep 15 per cent, cash reserve on their
total deposits, as against 25 per cent, cash reserve proposed
for the banks in the borough of Manhattan. This is really an
allowance of 40 per cent, in reserve to cover the 10 per cent,
of trust company deposits, represented by certificates.

From my point of view this is not fair to the banks, as
there are probably many banks which have more than 10 per
cent, of deposits which may fairly be called time deposits, such
as funds awaiting investment, etc. The bank I serve is one,
and such banks should be considered instead of discriminated
against in new legislation. Why should not those deposits of
banks which are really time deposits be considered as well as
trust company time deposits? The banks have been driven
into paying interest by the trust companies doing a banking
business, and should have the same opportunities for receiving
lime deposits, on as favorable terms as the trust companies.
In fact banks were organized to receive deposits, while trust
companies formerly only received deposits by inference. Trust
companies already have advantages over banks in that they
have a number of profitable functions other than receiving
deposits.

Time Deposits Not Tested by Exchanges.
The trust companies have argued that because the checks
paid over their counters daily are not as large in volume as
those which pass through the clearing house daily, it shows
that their deposits are permanent, and therefore less reserve
is necessary. This may or may not be true, because, taking
a merchant, for instance, while his average balance may re-
main practically the same, the transactions on his account may
be very numerous.

Conclusion.
A reserve for the State banks and trust companies in the
boro.ugh of Manhattan of 25 per cent, in cash will put them
on a par with the National banks, and will make the bank-
ing system uniform as regards reserve, Should this reserve

Appendix 273

prove too high, or too difficult of accomplishment, the re-
serve called for in the National Bank Act could probably be
modified. At present the National banks are harassed by the
unfair competition of the trust companies, as shown by the
introduction of bills in Congress tending to give them a better
chance to compete with the trust companies. The express in-
tention of the Legislature to equalize the reserves of the Na-
tional banks, State banks and trust companies, would be a
basis under which all would be working together under one
reserve for sound banking, instead of working against each
other, as is the condition at the present time, and the advan-
tages of sound banking to the community as a whole can
hardly be overestimated, in view of the anxiety, loss and de-
pression of business caused by the present panic.

Respectfully submitted,

A. S. FRISSELL.
New York, December 16, 1907.

December 16, 1907.

Hon. Charles E. Hughes, Governor of the State of New
York, Albany, N. Y .:

Dear Sir. — A portion of the Banking Law which we have
considered, but did not care to incorporate in our report, re-
fers to the salary and term of office of the Superintendent of
Banks. We feel that he should be appointed for five years
and that the salary should be $15,000 per annum. A number
of State officials have recently been appointed to whom that
amount is paid and we feel that their duties and responsibili-
ties are not in any sense equal to those imposed upon the
Superintendent of Banks.
We trust this will meet with your approval.
Yours very truly,

A. B. HEPBURN,
E. S. MARSTON,
A. S. FRISSELL,
ANDREW MILLS,
EDWARD W. SHELDON,
STEPHEN BAKER.

274

Public Papers of Governor Hughes

A. Comparative Statement of

STATE OF NEW YORK.

RESOURCES

State Banks,

Loans and discounts

Mortgages

Bonds, stocks, etc

Cash

Due from banks

Checks, cash items, etc

Other

Totals

Trust Companies.

Loans and bills purchased. . . .
Bonds, stocks, mortgages, etc.

Cash

In depository banks

Due from other banks

Other

Totals

(Amounts

m Mil

:es.

Increase

1897

1902

1907

%

173.4

214.8

339.4

93.1

2.0
18.4

4.2
25.2

6.6 I
37.4 /

117.6

42.2

43.7

65.2

54. 2

29.3

30.7

39.8

21.0

31.7

37.2

10.7

12.7

15.4

363.0

541.0

82.1

224.4

701.3

735.8

227.9

102.0

218.8

414.5

306.3

8.2

10.5

59.3

623.1

46.5

118.5

95.1

0.4

2.S

27.1

15.2

26.3

32.2

396.7 1,078.2 1,364.0

244.1

National Banks.

, Loans and discounts 491 . 4

Bonds with U. S. Treasury 39.4

Other bonds, stocks, etc 61.8

Cash 171.5

Due from banks 62 . 3

Checks, cash items, etc 60 . 3"

Other 28.5

Totals 915.2

Aggregate.

Loans, etc 889.2

Securities 223 . 6

Cash , 221.9

Due from banks 138 . 5

Checks, cash items, etc 81.3

Other 54.4

Totals 1,608.9

Reserve Deposits.

State banks 187 . 9

Trust companies 305 .

National banks 618. 4

Aggregate 1 , 111 .

77S.0

948.0

93.1

98.2
132.7

119.0 1
205.4 /

220 . 5

225.6

242.0

41.1

94.3

112.3

187.3

132.4

34.2

- 41.7

1,550.3 1,800.8

1,694.1

2,023.2

127.5

479.1

782.9

2S0.0

279.8

366.5

65.1

246.3

274.3

219.0

169.6

73.2

89.3

2,991.5 3,705.8

250.4
884.2
975.7

383.0
1,060.4
1,145.4

130.4

3 2,110.3 2,588,8

Appendix

275

Banks and Trust Companies.

ions of Dollars.)

LIABILITIES^
1S97

Capital

Surplus and profits

Deposits

Due to banks -.

Other

Totals

Capital

Surplus and profits

Deposits

Due to banks

Other

Totals

* Not separately reported.

30.7

27.7

195.5

38.7

4.4

1902

25.5

28.9

255.2

52.6

0.8

1907

35.9

45.6

388.9 '

66.2 ,

4.4

Increase
%

17.0
64.6

85.8

297.0

363.0 "

541.0

82.1

30.4

53.2

68.7

112.8

50.5

113.7

176.9

250. 3

305.4
*

887.0
*

964.0 1
123.5 J

256.1

10.4

24.3

30.9

396.7 1,078.2 1,364.0

244.1

Capital

Surplus and profits.

Circulation

U. S. deposits

Deposits

Due to banks

Other

Totals

Capital

Surplus and profits .

Circulation

Deposits

Due to banks

Other

Totals

Ratio of Cash Reserve.

83 . 3

125.6

159.1

91.0

81.8

126.0

179.1

119.0

30.0

53.0

80.5

1.9

43.1

39.4 1
798.1 /

88.2

452.0

710.9

264.4

479.1

513.1

1.8

12.6

31.5

915.2

1,550.3

1,800.8

96.7

144.4

204.3

263.7

82.6

160.0

268.6

401.6

151.0

30.0

53.0

80.5

954. S

1,896.2

2,190.4

129.4

303.1

531.7

702.8

131.8

16.6

37.7

66.8

1,608.9

2,991.5

3,705.8

130.4

%

%

%

22.5

17.4

17.0

|p2.7

1.2

5.6

27.6

22.1

21.1

19.9

13.2

14.1

276

Public Papers of Governor Hughes

B. Comparative Statement of

City of New York (Borough of Manhattan).

RESOURCES.

1897 .
State Banks.

1902

143.7
0.8
10.2
37.2
15.5
30.2
9.2

(In

1907

249.2
2.0 1
17.3 J
57.3
22.4
35.7
11.4

Millions

Increase
%

155. S

Cash

0.7

8.7

34.6

13.5

105.3
65.6

19.7

6.2

-

246.8

567 . 2

209.7

7.9

92.9

7.5

20.6

395.3

610.3
301.3
48.2
75.5
23.2
25.0

118.5

Trust Companies.

165.0

269.9

' Bonds, stocks, mortgages, etc
Cash

101.3

7.0

38.4

197.5

12.6

Totals

National Banks.

Bonds with U. S. Treasury. .

324.3

381.7

20.3

45 . 1

905.8

620.3
73.4
91.6

209.3
51.6

183.1
25.9

1,083.5

712.6
83.3 1

136.1 /

218.8
55.2

126.7
32.0.

234.1

86.7
237.0

Cash '.

-158.8

37.8

32.6

Other...

57.6

19.5

Aggregate.

Cash

715.6

644.2

176.1

200.4

84.5

1,255.2

1,331.2
385 . 7
254.4
167.5
213.3
55.7

1,364.7

1 , 572 . 1
540.0
324.3
176.3
162.4
68.4

92.1

144.0
206.6
,61.9

Other

77.3

38.3

Totals

Reserve Deposits.

1,220.8

117.1

2,407.8

167.0
736.3
788.4

2,843.5

275.5
826.0
850.1

132.9
135 3

258 . 6

502

219.8

Aggregate

877.7

1,691.7

1,951.6

122.3

Appendix

2?r

Banks and Trust Companies.

of Dollars.)

Capital

Surplus and profits

Deposits

Due to banks

Other

Totals ISO. 9

Capital 21.5

Surplus and profits 37 . 2

Deposits 258 . 6

Due to banks

Other 7.0

Totals 324.3

Capital

Surplus and profits

Circulation

U. S. deposits

Deposits

Due to banks

Other

Totals

Capital

Surplus and profits

Circulation

Deposits

Due to banks

Other

Totals

Cash Reserves.

1897
14.8

1902

13.5

19.3

169.6

43.1

1.3

Increase
1907 %

24.2

15.7

34.3

121.2

IS:! 'ii:1 }-»'■»

29.1

0.1

3.2

246.8

41.2

98.2

743.8

22.6

395.3

51.5
154.4
741.8
107.4

28.4

905.8 1.0S3.5

48.6

90.6

114.6

60.3

98.7

140.2

13.9

32.0

50.8

1.2

39.7

34:1

337.5

537.3

532.6

253.5

446.1

465.3

0.6

10.8

27.1

715.6

1,255.2

1,364.7

84.9

145.3

190.3

112.2

216.2

328.9

13.9

32.0

50.8

719.5

1,490.4

1,589.0

282.6

489.2

625.8

7.7

34.7

58.7

1,220.8

2,497.8

2,843.5

%

%

%

29.6

22.3

20.8

2.7

1.1

5.8

31.6

26.5

25.7

86.8 228.4

":§}

83

68.8

120.8 1 .,. ,
121.4 /'■"-•*

22.8

15.0

16.6

278

Public Papers of Governor Hughes

C. Banks and Trust Companies in
Classified According to

(Amounts in Mi*
RESOURCES.

National. State. Trust All.
Cos.
New York City (Manhattan).

Loans 712.6 249.2 610.3 1,572.1

Bonds with U. S. Treasury 83.3 83.3

Bonds, stocks, mortgages, etc 136.1 19.3 301.3 456.7

Cash 218.8 57.3 48.2 324.3

Duefrombanks 55.2 22.4 98.7 176.3

Checks, cash items, etc 126.7 35.7 0.5 162.9

Real estate, etc 26.0 10.5 12.3 48.8

Other resources : 6.0 0.9 12.2 19.1

Totals 1,364.7 395.3 1,083.5 2,843.5

Brooklyn and Albany (Reserve Cities).

Loans s 33.3 22.2 64.7 120.2

Bonds with U. S. Treasury 2.8 2.8

Bonds, stocks, mortgages, etc 8.6 5.3 45.5 59.4

Cash 5.5 2.2 6.2 13,9

Duefrombanks 14.8 3.4 9.5 27.7

Checks, cash items, etc '. . . . 2.6 0.9 3.5

Real estate, etc 0.9 1.8 2.8 5.5

Other resources 0.4 0.4 0.8 1.6

Totals 68.9 36.2 129.5 234.6

Country Banks.

Loans 202.1 68.0 60. S 330.9

Bonds with U. S. Treasury 32.6 32.6

Bonds, stocks, mortgages 61.0 19.4 67.7 148.1

Cash 17.7 5.7 4.9 28.3

Duefrombanks 42.3 14.0 14.1 70.4

Checks, cash items, etc 3.1 0.6 0.4 4.1

Real estate, etc 6.1 1.7 2.6 10.4

Other resources 2.3 0.1 0.5 2.9

Totals 367.2 109.5 151.0 627.7

Aggregate.

Loans 948.0 339.4 735.8 2,023.2

Bonds with Treasury 119.0 119.0

Bonds, stocks, mortgages', etc 205 . 4 44 . 414.5 663 9

Cash 242.0 65.2 59.3 366.5

Duefrombanks 112.3 39. S 122.3 274.4

Checks, cash items, etc 132.4 37.2 9 170 .5

Real estate, etc 33.0 14.0 17.7 64.7

Other resources 8.7 1.4 13.5 23.6

Totals 1,800.8 541.0 1,364.0 3,705.8

Appendix

279

New York State, August 22, 1907.
National Bank Act.

lions of Dollars.)

LIABILITIES.

National.

114.6

140.2

State.

24.2
34.3

280.5

53.1

3.2

Trust
Cos.

51.5
154.4

741.8

107.4

28.4

All.

190.3
328.9

Circulation

U. S. deposits

50.8

34.1

532.6

50.8
34.1

1,554.9

465.3

625.8

27 . 1

58.7

Totals .

1,364.7

395.3 1,083.5 2,843.5

Capital

Surplus and profits.

Circulation

U. S. deposits

Deposits

Due to banks

Other liabilities

Totals .

3.7

2.9

9.3

15.9

5.7

3.3

14.1

23.1

2.2 .

2.2

0.6 .

0.6

26.5

25.1

92.1

143.7

29.8

4.6

12.4

46.8

0.4

0.3

1.6

2.3

68.9

36.2

129.5

234.6

Capital

Surplus and profits.

Circulation

U. S. deposits

Deposits

Due to banks

Other liabilities ....

Totals .

40.8

8.8

7.9

57.5

33.2

8.0

8.4

49.6

27.5 .

27.5

4.7 .

4.7

239.0

83.3

130.1

452.4

18.0

8.5

3.7

30.2

4.0

0.9

0.9

5.8

367.2

109.5

151.0

627.7

Capital

Surplus and profits.

Circulation

U. S. deposits

Deposits

Due to banks

Other liabilities ....

159.1

179.1

80.5

39.4

798.1

513.1

31.5

35.9
45.6

388.9

66.2

4.4

68.7
176.9

964.0

123.5

30.9

263.7

401.6

80.5

39.4

,151.0

702.8

66.8

Totals .

1.800.8

541.0 1,364.0 . 3,705.8

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INDEX

[289]

INDEX

Page

Abbott, George B., death of 156

Accounts, municipal, veto of bill 112

Adams, George W., appointment 153

Adjournments of legal proceedings in certain cases, veto of bill. 65

Agricultural Law, bill amending 136, 137

veto of bills amending 76, 114

Agriculture

recommendations in annual message 29

Commissioner of, appointment 144

Department of, appropriation, items vetoed ." 7 2

State School of, at Morrisville, appointment of trustees... 147
Albany & Schoharie Valley Railroad Company, veto of bill ex-
tending time for construction 96

Albany county, sheriff, proceedings for removal 208

charges dismissed 210

salaries for certain employees of, veto of bill 109

supervisors, compensation of clerks of board of, veto of bill. 109

Albany Towing Company, claim of 106

Aldridge, Lura E., appointment 153

Aliens, commission to inquire into condition of, recommenda-
tions 44

appointment of members 143

Allds, Jotham P., appointed delegate 157

Allegany county, Supreme Court, action against Eugene A.

Georger 167

Allen, James A., charges against William Leary 200

American Ice Company, Attorney-General to conduct proceed-
ings against 165

American Medical Association, appointment of delegates to

conference 157

American Prison Association, appointment of delegates to

annual meeting 159

Andersen, Christian G, charges against Joseph Bermel 193

Andrews, Charles, appointment as commissioner in Jerome

investigation 188

resignation 189

[201]

292 Index

Appointments Page

Agriculture, Commissioner of 144

State School of, at Morrisville, trustees 147

aliens, members of commission to inquire into condition of. 143

Banks, Superintendent of 144

Black river, Commissioner of Water Power on 141

Canal Lands, Special Examiner and Appraiser 141

Cattaraugus county, coroner 141

charitable institutions 152

Charities, State Board of, commissioners 144

Craig Colony for Epileptics, managers 154

criminal courts, members of commission to inquire into 142

Fire Island State Park Commissioners 149

Forest, Fish and Game Commissioner 144

Governor, counsel 142

honorary 157

judicial 155

Labor, Commissioner of - 145

Lake Champlain, Ter-Centenary Commission 142

Legislation, Commission on Uniformity of 149

Loan Commissioners 145

Lunacy, State Commission in ' 146

New York Charter Commission 141

New York State Soldiers and Sailors' Home, trustees 154

New York State Training School for Boys, member of

commission to acquire site for 143

New York State Training School for Girls, managers 152

New York State Women's Relief Corps Home, managers. 154

Niagara, State Reservation at, commissioners , 147

Onondaga Indians, agent 145

Palisades Interstate Park, commissioners 147

Parole, members of Board of 147

Prisons, Commissioners of 148

Public Service Commissioners, Second District 148

reformatories, managers 155

Rome State Custodial Asylum. . ._ 153

St. Lawrence county, coroner 142

district attorney , 141

State Agricultural and Industrial School, managers 152

State Architect 144

State Fair Commissioners 148

State Farm for Women, commission on 142

State Hospitals, managers and trustees • 149

State Prisons, Superintendent of 148

Index 293

Appointments — Continued. Page

State Probation Commissioner 142

State Tax Commissioner 148

State Water Supply Commissioner 149

Supreme Court Library at Troy, trustees 142

Supreme Court Library at White Plains, trustees 143

Syracuse State Institution for Feeble-Minded Children,

managers 153

Thomas Indian School, managers 154

Washington's Headquarters, trustee 149

Western House of Refuge for Women 152

Appropriation bill

emergency message 134

veto of items in 67

Appropriations

act to reappropriate certain unexpended balances, veto of

bill . . , 112

statement of appropriations in supply bill 66

See also Supply bill

Architect, State, appointment 144

Armstrong, Mrs. Jane L., appointment 142

Atkins, Susan E., appointment 154

Atlantic Deeper Waterways Association, appointment of

delegates to convention IS9

Attorney, member of Legislature, veto of bill in relation to

adjournments of legal proceedings 65

Attorney-General

designation to conduct proceedings in relation to land for

Kissena Park '. 164

designation to conduct proceedings relating to charges

against American Ice Company 165

designation to conduct action against Paul Werner 166

designation to conduct action against Eugene A. Georger. . 167
designation to conduct proceedings in relation to violation

of Election Law 168

letter to, in relation to Mayor McClellan's title to office... 236
Aurelia Osborn Fox Memorial Hospital Society of Oneonta,

veto of bill authorizing appropriation for 76

Automobiles, insurance, veto of bill. .■ 112

Babcock, Fred W., deceased 141

Bacon, Rogers H., resignation 152

Baker, Edward S., commutation of sentence 220

Ball, Wooster O., appointment 141

294 Index : ;

Page

Ballots, recommendations in annual message 23

veto of bill relating to printing name of candidate 97

Banking Law, bills amending 133. J 34

Banks, recommendations in .annual message 17

report of special commission on 239

supervision 43

Superintendent of, appointment 144

Barnes, Simeon R., appointment 146

Bartlett, Willard, successor to 155

Bass, Lyman M., resignation 153

Bayless, George C 149

Bean, Tarleton H., appointed delegate 158

Beattys, George D., appointed commissioner concerning charges

against Joseph Besch 209

Becker, Minnie, appointment 150

Bellinger, William W., appointment 151

Benkard, Maj. J. P., charges against Col. Dyer 214

Bermel, Joseph, proceedings for removal of 193

resignation 194

Besch, Joseph, charges against 208

charges dismissed 210

Bethel, First Presbyterian Society, veto of bill changing

name of 61

Bets and wagers, bill relating to 136

See also Race-track gambling
Big Tupper lake, veto of appropriation for removing stumps

and dead timber 73

Bijur, Nathan, -appointed delegate 157

Bingham, Theodore A., proceedings for removal of 195

Binghamton State Hospital, appointment of managers 149

Bird, Grace Gillette, appointment 150

Bixby, James E., appointment 154

Black river, appropriation for rebuilding dam vetoed 71

Commissioner of Water Power on, appointment 141

Blackmar, Abel E., appointment 155

Bliss, Caroline H., appointment 152

Blum, Edward C, appointment 140,

Blum, I., charges against William T. Jerome 187

Bond issues, legalization 52

Book-making, bill relating to 136

See also Race-track gambling

Booth, John H., appointment 142 ■

Boulton, Alfred J., appointment 141

Index 295

Page

Bown, Andrew H., appointment 153

Brackett, Edgar T., counsel for John Bradley, Jr .* 206

Bradford, William, appointment 146

Bradley,- John, Jr., proceedings for removal of 205

motion by sheriff to dismiss charges 206

motion denied 206

charges dismissed 207

Brasch, William S., application for executive action denied.... 228

Brennan, John F., appointment 143

Broad, John H., appointment 147

Bronx, borough of, see New York
Brooklyn, borough of, see New York

Brown, Silas E., resignation 142

Bruce, Matthew Linn, appointment 156

Buffalo, claims for damages to property no

Buffalo charter, bill amending, relating to municipal court.*... 134

Buffalo State Hospital, appointment of manager 150

Bumpus, Hermon C, appointed delegate 158

Burdick, Francis M., appointment 149

Burks, Alonzo E., claim of 106

Burks, Clara G., claim of 106

Burr, Joseph A., designation as justice 163

Burrell, Loomis, appointment 152

Bushnell, Nathan P., appointment 143

Butler, Edward H., appointed delegate .- : 16b

Butler, Nicholas Murray, appointed delegate 157

Canal claims, bill relating to 135

Canal lands, appraisement 44

Special Examiner and Appraiser, appointment 141

Canals, recommendations in annual message 16

Candee, J. Willis, appointment 152

Carthage, appropriation for rebuilding dam vetoed 71

Cary, Eugene, appointment 147

Catherine creek, veto of appropriations for improving defective

drainage conditions s . . .71, 73

Cattaraugus county, coroner, appointment 141

Cattle, diseases of, see Domestic animals

Cemetery lots, care of, veto of bill 119

Central Islip State Hospital, appointment of managers 150

Champlain and Hudson-Fulton celebrations, recommendations. 27

Charitable institutions, managers and trustees, appointment... 152

recommendations in annual message 27

296 Index

Page

Charitable purposes, gifts for, veto of bill 115

Charities, State Board of, appointment of commissioners 144

Charities and Corrections, appointment of delegates to con-
ference 157

Chemung canal, veto of appropriation for improving defective

drainage conditions 71

Chenango county, appointment of special county judge and

surrogate 156

Child labor, enforcement of law with regard to. 49

Cities, second class, salary of city engineer, veto of bill 62

City bills not accepted by cities in question 109

Claims against decedents, publication of notices, veto of bill... 115

Claims, canal, see Canal claims

Claims, Court of, see Court of Claims

Clark, John B., on committee to investigate speculation in

securities and commodities 233

Clark, Kate C, veto of bill concerning real estate of 108

Cleveland, Grover, proclamation upon death of 5

Clinch, Edward S., appointment as commissioner concerning

charges against William Leary 200

Clinton, Gov. George, message recommending honors to 57

Clinton, George, appointed delegate 159

Clinton county, Supreme Court, proceedings in relation to vio-
lation of Election Law 168, 169

Cochrane, Patrick H., appointment 153

Code of Civil Procedure, bill amending, emergency message. . 137

veto of bills amending 63, 65, '109, 115, 117, 120

Code of Criminal Procedure, veto of bill amending 117

Collins, Cornelius V., appointment as Superintendent of State

Prisons 148

appointed delegate 157, 159

Columbus Day, veto of bill designating as a public holiday... 78
Coman, Henry B., designation to hold extraordinary trial term. 173
Commutations

Baker, Edward S 220

Kelley, Martha A 219

King, Bernard J 225

Massinino, Domenico 222

Miller, James 219

Monohan, Joseph 22 i

Newkirk, Merritt 220

Parker, William H 223

Sharpe, Joseph P. 224

Index 297

Commutations — Continued. ' rage

Stewart, Alexander 222

Wagar, Cyrus B 225

White, Isaac . . -,••■•■ 224

Wooten, John W 221

Zirpoli, Antonio 220

Complaints - 175

Comptroller, appropriations for Bureau of Highways, items

vetoed '. 69

tax sales, veto of bill concerning 107

Comstock, appropriation for insane hospital vetoed 70

Consolidated Gas Company of New York against William S.
Jackson et al., appropriation for expense of appeal to Su-
preme Court S 1

Consolidated School Law, veto of bill amending 116

Constitutional amendments, voting for, reco'mmendations in

annual message ' 24

Cook, Edward, appointment 145

resignation 145

Cooltein, Zina, claim of 105

Coon, S. Mortimer, appointment I5 1

Corbett, Merritt J., appointment 149

Corporations, franchise tax, veto of bill 86

merger of, veto of bill 91

Cortland, salary of chief of police and patrolmen, veto of bill. . 109

County Law, veto of bills amending 113, 115

Court designations 161

Court of Claims

jurisdiction of, bill amending 137

message on amendment of law relative to 51

payment of judgments,, bill relating to 135

veto of bills ,105, 120

Courts, special term 173

Courts of criminal jurisdiction, inferior, commission to inquire

and report on 44

Coxe, Marietta Doolittle, appointment 151

Craig Colony for Epileptics, appointment of managers 134

Cranberry lake, veto of appropriation for constructing break-
water at 73

Crapser, John C, appointment 141

Criminal courts, members of commission to inquire into.'..... 142

Criminals, identification, veto of bill — 115

Cromwell,' George, appointment 141

Cullen, Chief Judge, quoted 25

Culver, C. M., charges against Joseph Besch 208

298 Index

Page

Danahy, Philip V., appointment * 143

Dannemora State Hospital for Insane Convicts, appropria-
tions, bill relating to 135

Davenport, Sarah L., appointment 148

Davidson, Arnold, proceedings for removal of 202

Davis, Charles, resignation 156

Davis, George A., appointed delegate 157

JDavis, Lavinia R., appointment ' 149

Dean, Arthur D., appointed delegate 159

Dean, Seth B., resignation 146

De Angelis, Pascal C. J., designation to hold extraordinary-
trial term 173

De Forest, Robert W., appointed delegate 157

Delaware county, deputy sheriffs and constables, veto of bill. 109

Deposits, taking of, veto of bill 113

Designations, court 161

Devine, Edward T., appointed delegate 157

Deyo, John, appointment 149

Direct nominations, messages relating to 43, 47

recommendations in annual message 24

Ditchett, Elizabeth, veto of bill concerning real estate of. . . . 108
Domestic animals

diseases of, recommendations concerning legislation on.. 30, 56

messages on bills relating to 136, 137

veto of bill 76

sale and shipment, veto of bill 114

Domestic Commerce Law, veto of bill amending 97

Donaldson, Harvey J., appointment 141

Donegan, James A., charges against William Leary 200

Doremus, Henry M., appointment 160

Dougherty, J. Hampden, appointment 141

Douglas, William A., appointment 154

Dow, Abbott Low, appointment 154

Dow, Charles M., appointment 147

Draper, Andrew S., appointed delegate 159

Drugs, sale, adulteration and misbranding, veto of bill 120

Dryden, John F., appointment 160

Dudley, Capt. H. S., charges against Col. Dyer 214

Dumond, Cornelius, appointment 146

Dunn, George W., resignation 154

Dunning, William D., appointment ._ 153

resignation 153

Duval, George L., appointment 141

Dyer, Col. George R., court of inquiry in relation to 214

Index 299

Page

Dyer, John, claim of - 107

D'Youville College and Academy of the Holy Angels, former
name rf 123

Earthquake in Italy, proclamation concerning disaster caused by. 9

Eastern New York Holiness Association, veto of bill 104

Ebling, William, claim of 107

Education building, bill relating to erection of 133

Election Law-
amendments, message recommending 48

bill amending, not approved • 1 10

veto of bills amending 97, 101, 120

violation ofi Attorney-General to conduct proceedings .... 168
Charles S. Whitman to assist in actions in relation to. 169
See also Primary Election Law

Elections, recommendations in annual message 23

Elsberg, Nathaniel A., appointment 141

Ely, Kate M., appointment 150

Ely, Matthew C, appointment 160

Embalming Examiners, State Board of, investigation of 204

Emergency messages, see Messages, emergency

Erie county, superintendent of poor, veto of bill relating to

compensation of 108

Supreme Court, action against Paul Werner 166

Escheated property, veto of bill providing for release of State's

interest in, to Christine Zons 63

Essex county, salary of jailor and turnkey, veto of bill 108

supervisors, veto of bill 113

Excise tax rebates, appropriation for payment of, recommenda-
tions on 49

veto of appropriation for 68, 73

Extraordinary Session

proclamation convening the Legislature 6

appropriation for expenses 57, 137

messages to 45, 136, 137

Fallon, Andrew X., deceased 156

Ferris, Albert Warren, appointment as president of Lunacy

Commission 146

appointed delegate 157

Ferris, Clarence S., resignation as District Attorney 141

appointment as County Judge 156

Financial statement, annual message 13

300 - Index

Page

Finch, Edward R., appointment as commissioner concerning

charges against Samuel D. Nutt 203

Fire insurance, recommendations in annual message 20

Fire insurance corporations, veto of bills 79> IX 5

Fire Island State Park, bill authorizing establishment of 128

Commissioners, appointments 149

Firemen, veto of bill providing for free transportation 79

Fish, Ellen T., deceased 149

Fishery Congress, appointment of delegates to 158

Fiske, James Porter, appointment 152

Fleming, Matthew C, to investigate Insurance Department 177

Floyd, Emma R. C, appointment 150

Folks, Homer, appointed delegate 157

Food adulterations, recommendations in annual message 34

Forest, Fish and Game Commissioners, appointment 144

veto of appropriation for 68

Forest preserves, recommendations in annual message 31

Forest products, veto of bill 120

Fowler, Homer T., deceased 153

Franchise tax, veto of bill 86

Franchises

railroads in New York, veto of bills 87, 88

special, assessment and taxation, veto of bill 86

Franchot, Stanislaus P., death 6

Gallaher, Ernest Yale, charges against Louis F. Haffen 211

Game laws, recommendations in annual message 31

Gardner, Harry N., appointment 149

Garretson, Garret J., designation to hold extraordinary trial

term 173

Garson, David M., resignation. 151

Gaynor, William J., redesignation as associate justice 163

Geneseo, bonds 52

Georger, Eugene A., Attorney-General to conduct action

against 167

German Odd Fellows Home Association of the State of New

York, veto of bill 114

Gibbs, Archie D., appointment 156

Gifts for charitable purposes, veto of bill 115

Gilbert, Fitch, appointment 147

Gill, Walter N., appointment 156

Gillette, Chester, application for reprieve of 226

Glass Mountain Road, veto of appropriation for improving. . . 73
Glens Falls charter, veto of bill amending 114

Index 301

Page

Good Roads Convention, appointment of delegates to 157

Gould, Elgin R. L., appointment 141

Goulden, Joseph A., appointment * IS4

Governor, appointment of counsel to 14 2

Governors, conference of, appointment of delegates to 157

Gowanda State Hospital, appointment of manager 151

Grade crossings, appropriation for elimination of Si

Grand juries, stenographers, veto of bill 114

Granger, William D., appointment; 150

Greater New York charter, see New York charter

Grezinger, Mate C., appointment 154

Griffith, Lewis E., appointment 143

Griggs, John W., appointment 160

Grinnell, George B., appointed delegate 158

Gurley, William F., appointed delegate 159

Guy, Mrs. Eliza M., appointment 142

Haffen, Louis F., charges against 211

removal from office 213

Hale, Ledyard P., resignation 144, 156

Hamilton, John Alan, appointment 142

Hand, Richard L., appointment as commissioner on State

Board of Charities 144

appointment as commissioner in Jerome investigation. .190, 192

Harriman, Florence Jaffray, appointment 155

Harris, Justice H., deceased 15s

Harrison Union Free School District No. 6 52

Hastings, Mabel L., appointment " 150

Hawkins, Jeanette R., appointment 154

Health, public, recommendations in annual message 33

Health officer of the port of New York, recommendations in

annual message 34

special message on 44

Hebberd, Robert W., appointed delegate 157

Hempstead, bill authorizing conveyance of land in, to Elbert

Valentine I29

Henry, Philip W., appointed delegate 158

Herkimer county, commissioner of jurors, veto of bill 120

Highways

recommendations in annual message 17

emergency message 135

special message 43

See also Good roads convention

302 Index

Page

Highways, Bureau of, veto of items of appropriation 69

Hill, Henry W., appointed delegate 157

Hillery, Thomas J., appointment 160

Hirsh, Hugo, appointment IS

Hitchcock, Urban G., appointment. 15 2

Holy Angels Infirmary, bill changing name of 123

Honorary appointments 157

Hopkins, Clark, appointment 146

Horton, Marvin, appointment 145

Hospitals for insane, see State hospitals

Hotchkiss, William H., appointment on Uniformity of Legisla-
tion Commission 149

appointed delegate 157

Hotel keepers, duties, bill relating to 135

Howard, Charles F., appointed delegate 157, 159

Hudson-Fulton celebration, recommendations 37

Commission, appointment of members 160

Hudson River State Hospital, appointment of manager 150

Hunt, David H., appointment 143

Hunt, William T., appointment 160

Hyde Park, reimbursement of moneys to property owners,

veto of bill 116

Hynes, Thomas W., appointment 148

Ihmsen, M. F., charges against William Leary'. 200

Immigrants, condition and distribution of, commission to in-
quire and report on, recommendations 44

appointment of members 143

Inda, Rosalia, claim of 106

Indian Law, veto of bills amending 118

Industrial Education, National Society for the Promotion of,

appointment of delegates to meeting 159

Insane, hospitals for, see State hospitals

Insanity Law, veto of bill amending 115

Insurance companies, veto of bill authorizing them to increase

outlays 82

Insurance Department, appropriations, items vetoed 69

Insurance Law, recommendations in annual message 20

veto of bills amending 79, 82, 112, 119

Insurance, Superintendent of, proceedings for removal of 177

International Fishery Congress, appointment of delegates to. . 158

International Road Congress, appointment of delegates to.... 158

Irrigation Congress, appointment of delegates to 159

Index 303

Page

Ives, Martin Van Buren, appointment 151

lvins, William M., appointment , 141

Jackson, William Schuyler, see Attorney-General

Jennings, George E., appointed delegate 158

Jerome, William Travers, proceedings for removal of 187

appointment of commissioners in matter of charges

against 188, 190

additional charges against 191

charges against dismissed 192

Judicial appointments 15S

Judicial salaries, recommendations in annual message '36

Keep, Charles Hallam, resignation 148

Kelley, Martha A., commutation of sentence 2119

Kellor, Frances A., appointment 143

Kelsey, Otto, proceedings for removal of 177

action of Senate for removal 185

Kennes'on, Thaddeus D., charges against Theodore A. Bingham. 195-

charges against George B. McClellan > 196

Kernan, Francis K., resignation , 153

Kernan, John D., appointed delegate 160

Kerney, James, appointment 160

Keyes, Samuel G., appointment 154

King, Bernard J., commutation of sentence 225

King, Willard V., on committee to investigate speculation in

securities and commodities 233

King, William F., charges against William T. Jerome 187

Kings county, employees of sheriff, veto of bill 107

Kings Park State Hospital, appointment of manager 150

Kingsford, Thomas P., appointment 147

Kissena Park, proceedings in relation to acquisition of land for. 164

Knox, Arthur, appointed delegate 159

Labor, Commissioner of, appointment : 145

Labor law

recommendations in annual message 30

bill amending approved 126

message recommending amendment 49

Laf ontaine, Louis C, appointment 142

Laidlaw, Walter, charges against John Bradley, Jr 205

Lake Champlain Ter-Centenary Commission, appointment 142

Lambert, John S., designation as justice revoked 163

304 Index

Page

Land titles, registration 125

Lands under water, veto of bill confirming certain grants or

patents I0 S

Larmon, Charles W., appointment 143

Latson, Almet R., appointment 141

Lawrence, William A., appointment 151

Leary, William, proceedings for removal of 200

charges dismissed 201

Lee, John M., appointment of successor to 153

Legal proceedings, adjournments of; veto of bill 65

Legislation, Commission on Uniformity of, appointment 149

Legislative and Good Roads Convention, appointment of dele-
gates to 157

Legislative printing, veto of appropriation for 68

Legislature, see Extraordinary Session

Leonard, Irving R., resignation 154

Le Seur, John W., appointment 152

Letter carriers, veto of bill providing for free transportation. 79

Leventritt, David, resignation as Supreme Court justice..'. 156

on committee to investigate speculation in securities and

commodities 233

Levi, Nathaniel H., appointment * 152

Leydet, Jenny, veto of bill concerning real estate of 107

Liebmann, Charles J., appointment 155

Life insurance, recommendations in annual message 20

Life insurance companies, letter concerning 234

Lincoln, Emily P., appointment '. 145

Linn, William A., appointment 147

Lippman, Harry, resignation 150

Liquor Tax Law-
appropriation for payment oj rebates, message on 49

veto of , 68, 73

bill amending, emergency message. . .' 134

relating to application for liquor tax certificate, veto of. 98

Little Falls fire insurance corporations, veto of bill 115

Loan Commissioners, appointment 145

veto of bill 112

Lockport charter, veto of bill amending 112

Lodging-house keepers, duties, bill relating to 135

Long Island State Hospital, appointment of managers 150

Loomis, James H., appointment 155

Low, Seth, appointed delegate 160

Ludden, Patrick A., appointment 153

t Index 305

Page

Lunacy, State Commission in, items vetoed 7°

Lunacy, State Commissioner in, appointment , 146

McAneny, George, appointment 141

McCarthy, Dennis, appointed delegate 157

McClellan, George B., proceedings for removal of 196

title to office, letter concerning 236

Macdonald, Willis G., appointment .' 151

MacFarland, Robert J., appointed delegate 160

Macfarlane, Wallace, appointed commissioner concerning

charges against Louis p. Haffen 212

McGowan, Patrick F., appointment 141

McGuire, Horace, appointment 144

Mack, M. J., charges against William Leary 200

Mailing, Frederick C, appointment 151

Malone, Sylvester L., charges against William Leary 200

Manhattan State Hospital, appointment of managers 150

Mann, Elias P., proceedings for removal of 197

Marks, Marcus M., appointment 143

Marquand, Katharine Cowdin, appointment 155

Marshall, Louis, appointment 143

Marshall, Robert O., appointment 146

Mason, Charles C, appointment 145

Mason, William 149

Massinino, Domenico, commutation of sentence 222

Matteawan State Hospital for Insane Criminals, appropriations,

bill relating to 135

Mayfield patent, veto of bill for cancellation of tax sale 107

Membership Corporations Law, veto of bill amending 113

Memoranda filed with bills approved '. 123

Fire Island State Park 128

Holy Angels Infirmary 123

land registration, Torrens system 125

Nassau county, conveyance of land in lig

New York, First Methodist Episcopal Church 123

rapid transit railways 127 -

optometry, regulation of practice 126

railways, payment of employees 126

Memoranda filed with bills not approved, see Vetoes

Mercantile Inspection, Bureau of, provision for 49

Message, annual

agriculture 29

banks 17

3o6 Index

Message, annual — Continued. Page

canals 16

Champlain and Hudson-Fulton celebrations 37

direct nominations 24

elections 23

finances 13

food adulteration 34

forest preserves and game laws 31

health officer '. 34

highways 17

insurance 20

judicial salaries 36

labor 30

National Guard 35

New York city charter and debt limit 22

port wardens 35

primaries 24

public health 33

Public Service Commissions Law 21

quarantine commissioners 34

race-track gambling 25

State institutions 27

trust companies 17

water powers . .- 33

Messages, emergency, with bills relating to:

appropriations act 134

Banking Law, bills amending 133, 134

Buffalo charter, bill relating to municipal court 134

Court of Claims, jurisdiction of 137

payment of judgments 135

domestic animals, diseases of 136, 137

education building 133

highways, improvement 135

hotel keepers, duties 135

insane, State hospitals for 135

Legislature, Special Session, appropriation for expenses.. 137

Liquor Tax Law, bill amending 134

militia 133, 134

New York water supply 134

pool-selling, etc 136

prisons, appropriations 135

Public Service Commissions Law, bill amending 134

race-track gambling 136

Rochester, grade crossing 136

Index 307

Messages, emergency, with bills relating to — Continued. Page

supply bill 135, 137

Syracuse, harbor at 136

Utica, building commissioners 133

Watertown charter, bill amending 136

Messages, special, with bills relating to:

banks .' 43

canals, appraisal of lands for 44

courts of criminal jurisdiction 44

highways 43

immigrants 44

port wardens 44

Primary Election Law 43

Public Service Commissions Law 43

quarantine commissioners 44

race-track gambling 38, 41

Rapid Transit Law 43

speculation in securities 44

trust companies 43

unemployed 44

Messages to Extraordinary Session

appropriation for expenses of session, recommending. ... 57

bond issues, legalization 52

cattle,. diseases of, legislation regarding 56

Clinton, George, recommending honors to 57

Consolidated Gas Company of New York 51

Court of Claims 51

Election Law 48

emergency .- 136, 137

excise tax rebates 49

Geneseo bonds 52

grade crossings 51

Labor Law 49

New Rochelle, finances 52

political parties, government 49

Primary Election Law 47

Public Service Commissions Law 45

race-track gambling 53

Rochester, grade crossing 56

speculation in securities, commission on 50

State Farm for Women 52

Syracuse, harbor facilities in connection with Barge canal at 52

taxes, legalization of 52

308 Index

Messages to Extraordinary Session — Continued. Page

unemployed, condition of 50

Village Law 52

Watertown charter 56

Messages, veto, with bills relating to:

adjournments of legal proceedings, where an attorney is a

member of the Legislature 65

Bethel, First Presbyterian Society, changing name of 61

cities, second class, salary of city engineer 62

escheated property, bill providing for release of State's in-
terest in, to Christine Zons 63

Oneida county, court crier, bill permitting increase in

salary 63

Railroad Law, bill amending, in relation to installing water-
closets 64

Saratoga Springs, receiver of taxes and assessments 61

Metropolitan Elections District, Superintendent of Elections,

proceedings for removal of 200

charges dismissed 201

Metz, Herman A., appointment 141

Meyers, James Cowden, appointment 141

Middletown State Homeopathic Hospital, appointment of

manager : 151

Militia, bill amending law relating to 133, 134

Millard, Frank V., appointment 143

Miller, Garret, appointment 147

failed to qualify 147

Miller, James, commutation of sentence 219

Mitchel, John Purroy, charges against Louis F. Haffen 211

Mohr, Ada G : 154

Monohan, Joseph, commutation of sentence 221

Monroe county, deputy sheriffs and constables, veto of bill.... 109

Moore, Harrison S., appointment 141

Morgan, Capt. W. Forbes, charges against Col. Dyer 214

Morris, Newbold, appointment 143

resignation. ' 151

Mt. Kiscoj sewer system 52

Mount Vernon charter, veto of bills amending 113, 114, 119

Mulry, Thomas M., appointed delegate 157

Municipal accounts, veto of bill 112

Municipal Law, veto of bill amending 115

Murphy, Franklin, appointment 160

Mutual fire'insurance companies, foreign, veto of bill 79

appropriations, items vetoed ; 69

Index 309

Page
Nassau county, bill authorizing conveyance of land in, to

Elbert Valentine 129

National Guard, recommendations in annual message t 35

National Rivers and Harbors Congress, appointment of dele-
gates to convention 159

National Society for the Promotion of Industrial Education,

appointment of delegates to meeting 159

New Rochelle, finances 52, no

New York (city)

Bronx, borough of, proceedings for removal of president. 211

president removed from office 2113

real estate in, veto of bill concerning 108

Brooklyn, real estate in, veto of bill . : 107

South Oxford street in

charter, recommendations in annual message on charter

and debt limit 22

veto of bills amending, canal boats and barges in

doormen of police 111

fire department in, 112, 118, 119

moving picture exhibitions m

police department 118, 119

sinking fund commissioners, powers of . .' 100

street cleaning department 1 10

taxes 119

vacations of employees in

claims of certain persons, veto of bills 107

coroners' jurors no

election district, number of electors no

elections, veto of bill. . .' , 120

estimate and appraisal, commissioners of, veto of bill 118

First Methodist Episcopal Church, bill amending act.... 123

justices of city court, designation as magistrates 117

mayor, proceedings for removal of 196

municipal court, stenographers ill

veto of bills 113, 115, 118

police commissioner, proceedings for removal of 195

Queens, borough of, escheated lands, veto of bill 63

proceedings for removal of coroner 202

proceedings for removal of president 193

rapid transit, bill authorizing purchase of railways, ap-
proved , 127

recommendations in annual message 22

310 Index

New York (city) — Continued. Page

rapid transit, etc. — Continued.

special message on 43

veto of bills 87, 88

water supply, bill relating to 134

New York (county)

district attorney, proceedings for removal of 187

Supreme Court, proceedings against American Ice Com-
pany. . .' . 165

New York Board of Elections, veto of bill exempting em-
ployees from Civil Service Law ' 101

New York Canadian Pacific Railway, veto of bill extending

time for completion of 95

New York Charter Commission, appointments ". . . . 141

New York State Hospital for the Care of Crippled and De-
formed Children, appointment of managers .' ... 152

veto of appropriation 74

New York State Reformatory for Women, appointment of

managers 155

New York State Soldiers and Sailors' Home, appointment of

trustees 154

New York State Training School for Boys, appointment of

member of commission to acquire site for 143

approval of site for 237

New York State Training School for Girls, appointment of

managers 152

New York State Women's Relief Corps Home, appointment of

managers 154

Newburgh, bill amending charter •. no

Newcomb, veto of bill relating to policemen 117

Newell, Edgar A., appointment 148

Newkirk, Merritt, commutation of sentence 220

Newspapers, designation to publish session laws, veto of bill. . . 115
Niagara, State Reservation at, appointment of commissioners. 147

Niles, William W., appointment 141

Nominations for public office, veto of bill 97

Noonan, Thomas H., appointment 145

Nutt, John J., appointment 152

Nutt, Samuel D., proceedings for removal of 202

Olcott, Marvin, appointment 155

Olive, Ulster county, veto of bill concerning real estate in 108

Olmsted, John B., appointment 148

Olszewski, Veronica, claim of 106

Omnibus veto 113

Index 311

Page

Oneida county, court crier, veto of bill relating to salary 63

Oneonta, Aurelia Osborn Fox Memorial Hospital Society, veto

of bill authorizing appropriation for , . . . 76

Onondaga Indians, agent, appointment 145

Optometry, bill providing for regulation of practice 126

Ordway, Samuel H., appointment as commissioner concerning

charges against Joseph Bermel 194

on committee to investigate speculation in securities and

commodities .' 2133

Oriskany creek, building of bridge over. 52

Osborne, Thomas Mott, appointment 148

Page, Edward D., on committee to investigate speculation in

securities and commodities 233

Palisades Interstate Park, appointment of commissioners 147

Parker, William H., commutation of sentence 223

Parkhurst, Charles H., charges against Theodore A. Bingham. 19s

charges against George B. McClellan 196

Parole, Board of, appointment of members 147

recommendations in annual message 28

Parrish, Samuel L., appointment 149

Parsons, Harry de B., appointed delegate 159

Pearson, Raymond A., appointment as Commissioner of

Agriculture 144

appointed delegate 158

Peekskill hospital, veto of bill 120

Pell,' Howland, appointment 142

Penal Code, bill amending 136

Pensioners, exempt real estate, veto of bill 115

Perley, Frank E., appointment 148

Perren, Abraham E., appointment 148

Personal property, notice of sale, veto of bill 115

Persons, Henry H., appointed delegate 158

Peters, John M., appointed delegate 159

Pettebone, Brig.-Gen. Lauren W., president of court of inquiry. 214

Pettit, Theodore E., charges against Joseph Bermel 193

Pitkin, William, appointment 148

Police service, veto of bill providing a three platoon system. . . 77

Policemen, veto of bill providing for free transportation 79

Political assessments, proclamation in relation to law pro-
hibiting 7

Political parties, provision for government of 49

Pollock, Horatio M., charges against Joseph Besch 208

212 Index

Page

Pollyino, John, veto of bill concerning real estate of 108

Pool-selling, bill relating to 136

Port wardens, recommendations in annual message 35

special message on 44

Porter, Alexander J., appointment 147

Porter, William H., appointment 147

Potter, Alvah K., resignation 147

Potter, Henry C, resignation IS 2

Potter, Laureda J., veto of bill relating to estate of 107

Potter, Owen Lincoln, appointment as counsel to the Governor. 142
appointment to investigate management of Board of Em-
balming Examiners 204

Potter, William Warren, appointed delegate 157

Powell, Marcia Chase, appointment 152

Pratt, Sereno S., letter to, concerning life insurance companies. 235
Primary Election Law, recommendations in annual message.. 24

messages recommending amendment 43, 47

veto of bills amending 112, 114

Prince, John Dyneley, appointment 160

Printing, veto of appropriation for 68

Prisons, appropriations, bill relating to 135

recommendations in annual message 28

Prisons, Commissioners of, appointment. 148

Prisons, State Superintendent, appointment 148

Pritchard, Robert R., appointment 146

Probation commissioner, appointment 142

Proclamations

Cleveland, Grover, upon the death of 5

convening the Legislature in extraordinary session 6

earthquake in Italy, concerning disaster caused by 9

political assessments, relating to law prohibiting 7

special election in 47th Senate district, ordering - 6

Thanksgiving 8

Proctor, Thomas R., resignation 153

Property, see Personal property; Real property

Public health, recommendations in annual message 33

Public Health Law, bill amending 126

veto of bills amending 115, 120

Public Service Commissioners, 2d district, appointment 148

Public Service Commissions Law, recommendations in annual

message 21

messages on 43, 45, 134

veto of bill amending 79

Index 313

Page
Public Works, Department of, appropriations, items vetoed.. 71, 73

Purdy, Lawson, appointed delegate «. . . 158

Pure food, recommendations in annual message 34

Quarantine commissioners, recommendations in annual mes-
sage 34

special message on 44

Quayle, Oliver A., claim of 106

Queens, borough of, see New York

Queens county, Kissena Park, proceedings in regard to ac-
quisition of land for 164

leases upon sales for taxes in certain villages 111

Race-track gambling, recommendations in annual message.... 25

message, special 41

message to Extraordinary Session S3

reply to resolution of inquiry from the Assembly 38

resolution passed by Assembly 40

Racquette pond, veto of appropriation for removing stumps

and dead timber 73

Racquette river, veto of appropriation for erection of bridge

over 73

Railroad Law, veto of bills amending 64, 93

Railroads

fares, veto of bill 93

payment of employees 126

Stock Corporation Law, veto of bill amending 91

Railroads in New York, veto of bills relating to franchises. .87, 88

Raines, George, appointment 147

Ramsey, John H., appointment 160

Randall, Charles L., appointment 141

Rapid transit in New York, bill authorizing purchase of rail-
ways approved 127

recommendations in annual message 22

special message on 43

veto of bills .87, 88

Ray, George W., appointment 154

Real property, sale, veto of bill 120

Torrens system of land registration 125

Receivers, settlement of accounts, veto of bill 116

Reformatories, appointment of managers 155

Registration of land titles 125

Reichmann, Fritz, appointed delegate 160

Removal proceedings and complaints 175

314 Index

Page

Reynolds, James Bronson, appointment 143

Richardson, Clifford, appointed delegate 158

Richmond county, examination ordered of alleged nuisance... 210

trial jurors, veto of bill 113

Riese, Emil, veto of bill concerning real estate of ' 107

Riley, John B., appointment 14 2

Rivers and Harb'ors Congress, National, appointment of dele-
gates to convention 159

Road Congress, appointment of delegates to 158

Roads, see Highways

Robb, Maj. N. T., charges against Col. Dyer 214

Robbins, John Clinton, appointment 149

Roberts, John T., appointment 147

Roche, William J., appointment 142

Rochester, grade crossing, bill relating to 56, 136

veto of bill abolishing railway crossing 104

Rochester State Hospital, appointment of manager 151

Rockland county, appointment of county judge and surrogate. . 156

Rodgers, Helen Z. M., resignation 152

Roe, William J., appointed delegate 159

Rogers, Watson M., designation to hold extraordinary trial

term 173

Rome State Custodial Asylum, appointment of managers 153

Rosendale, Simon W., appointment as commissioner 142

appointed delegate 157

Rye, Union Free School District No. 6 52

Sackett, Henry W., appointment 149

St. Lawrence county, coroner, appointment of 142

county judge, appointment 156

district attorney, appointment 141

St. Lawrence State Hospital, appointment of manager 151

Salaries, changes in, veto of bills 108

Salary Classification Commission, veto of bill creating 75

Saloons, location, veto of bill 98

Sandf ord, Edward, resignation 142

Saratoga county, roads in, veto of appropriation for improving. 73

sheriff, proceedings for removal of 205

motion by'sheriff to dismiss charges 206

motion denied 206

charges dismissed 207

deputy sheriffs and constables, veto of bill 109

Saratoga Springs, receiver of taxes and assessments for, veto

of bill 61, 103

Index 315

Page
Schieren, Charles A., on committee to investigate speculation

in securities and commodities ♦. 233

Scholar, Gustav, appointment . '. 150

Schools, safety and health of pupils, veto of bill 116

Schurman, George W., appointed commissioner concerning

charges against John Bradley, Jr 207

Schurman, Jacob Gould, appointed delegate 157

Scott, Ella F. B., appointment ". 154

Scott, Joseph F., appointed delegate 159

Scott, Julien E., resignation 156

Scudder, Wallace M., appointment 160

Sears, Irving S., appointment 147

Seligman, Edwin R. A., appointed delegate 158

Senate, proclamation ordering special election in 47th district. 6

Settle, DeForest, appointment 148

Sharp, Ira, appointment 148

Sharpe, Joseph P., commutation of sentence 224

Shell Fish Department, veto of appropriation for 68

Shepard, Mary B., appointment 151

Silver Bay Association for Christian Conferences and Training,

veto of bill amending charter 119

Sinking fund commissioners of New York city, veto of bill 100

Skene, Frederick, appointed delegate 159

Sreicher, John A., appointment 149

Smith, Charles Sprague, on committee to investigate specula-
tion in securities and commodities 233

Smith, Frank L., appointment 145

Smith, Frederick R., appointment 153

Smith, James F., pension 107

Solomon, Henry, appointment as commissioner of prisons 148

resignation as manager of reformatories 155

Speculation in securities, commission of inquiry into, recom-
mendations for 50

special message on 44

designation 233

Speranza, Gino C, appointment 143

Stapleton, Luke D., appointment. '. 156

State Agricultural and Industrial School, appointment of

managers 152

State Architect, appointment 144

State charitable institutions, managers and trustees, appoint-
ment -. 152

State Conservation Commission, appointment of delegates to.. 158

State Fair, recommendations in annual message 29

316 Index

Page

State Fair Commissioners, appointment 148

State Farm for Women, amendment of law as to S 2

appointment of commission on I4 2

State Finance Law, veto of bills amending 75. »2

State Hospital for the Treatment of Incipient Pulmonary

Tuberculosis, appointment of trustees 151

veto of bill relating to superintendent of 116

State hospitals for insane

appropriations for, bill relating to 13S

managers and trustees, appointments 149

recommendations in annual message 2]

support and maintenance of patients, veto of bill 115

veto of appropriation for hospital at Comstock 70

State institutions, recommendations in annual message 27

State prisons, see Prisons

State Probation Commissioner, appointment 142

State Tax Commissioner, appointment 148

State Water Supply Commissioner, appointment 149

Steam surface railways, see Railroads

Stenographers, grand juries, appointment, veto of bill 114

Stevens, Frederick G, appointed delegate.... 159, 160

Stevens, Stoddard M., appointment 153

Stewart, Alexander, commutation of sentence 222

Stewart, John A., appointment 147

Stewart, William Rhinelander, appointed delegate 157

Stilwell, Henry S., appointment 142

Stock Corporation Law, veto of bill amending 91

Stockwell, George E., charges against Elias P. Mann 197

Stoddard, Enoch V., appointment of successor 144

Stokes, Edward C, appointment 160

Stoneman, George A., appointment 145

Stothoff, Abram S., appointment ' 151

Stover, Charles, appointment 1 151

Street railways, fares, veto of bill 93

veto of bill amending law in regard to installing water

closets 64

Strong, Charles H., appointment 141

Suffolk county, State park in 128

veto of bill relating to certain funds 117

Sullivan county, county clerk, veto of bill making office salaried. 102
Supply bill

appropriations, statement of 66

emergency message 135, 137

veto of items in 66, 69

Index

317

Supreme Court p age

Allegany county, action against Eugene A. Georger 167

Clinton county, proceedings in relation to violation of

Election Law 168, 169

Erie county, action against Paul Werner 16G

- justices, salaries, recommendations 36

of first judicial district, appointment 156

of second judicial district, appointment 155, 156

New York county, proceedings relating to charges against

American Ice Company 163 '

Queens county, proceedings for acquisition of land for

Kissena Park 164

Supreme Court Library, at Troy, appointment of trustees 142

at White Plains, appointment of trustees . .- 143

Swartwout, H. B., appointment 160

Swift, John H., appointment 154

Syracuse, charter, veto of bill amending 117

gas and electricity, veto of bill 120

harbor facilities, message on 52, 136

veto of bill 101

park commission no

street paving, veto of bill 117

Syracuse State Institution for Feeble-Minded Children, ap-
pointment of managers 153

Tannersville, construction of village hall 52

Tax Commissioner, appointment 148

Tax Law, veto of bills amending 86, 115, 120

Tax sales, veto of bill concerning 107

Taxation, Conference oh State and Local, appointment of

delegates , 158

Taxes, legalization of, message on 52

Teachers, tenure of office, veto of bill 116

Teale, Charles E., appointment 150

Telegraph and telephone companies, recommendations in an-
nual message 21

messages on 43. 45. 134

Tenement-house Act, supplementary legislation recommended. 31

Terry, Frank, appointment 146

Thalheimer, Gates, resignation 152

Thanksgiving proclamation 8

Thiery, August? M., appointment 152

Thomas Indian School, appointment of managers 154

Thompson, Otis A., appointment 145

318 Index

Page

Tierney, Michael A., appointment 142

Torrens system of land registration 125

Torrey, Edwin F., Jr.j appointment '. 153

Tracy, Albert H., Jr., appointment 153

Trade-marks, veto of bill 97

Troy, bonds, veto of bill 113

charter, veto of bill amending 117

mayor, proceedings for removal of 197

police pension fund, veto of bill providing for 117

Truesdell, Harvey A., successor appointed 145.

Trust companies, recommendations in annual message 17

special message on 43

Truszkowska, Frances, claim of 106

Tuberculosis

prevention, recommendations 33

State hospitals for, veto of bill relating to superintendent of. 116

appointment of trustees 151

of animals, see Domestic animals

Tuck, Andrew, appointment 146

Tyler, Clarence A., appointment 145

Ulster county, appointment of surrogate 156

Unemployed, condition of, commission to inquire and report

on 44, 50

Uniformity of Legislation Commission, appointment 149

Utica, building commissioners, bill relating to 133

grade crossings no

Utica State Hospital, appointment of managers 151

Vail, John H., appointment 149

Valentine, Elbert, bill authorizing conveyance of land to 129

Vetoes

adjournments of legal proceedings, where an attorney is a

member of the Legislature 65

Agriculture, Department of, appropriations 72

Albany & Schoharie Valley Railroad Company, time of

construction 96

appropriation bill, items in : 67

Aurelia Osborn Fox Memorial Hospital Society of Oneonta,

bill authorizing appropriation for 76

Bethel, First Presbyterian Society, changing name of 61

cities, second class, salary of city engineer 62

city bills not accepted by cities in question 109

Index 319

Vetoes — Continued. Page

Columbus Day 78

Court of Claims, bill conferring certain jurisdiction upon.. 105

domestic animals, diseases of 76

Domestic Commerce Law, bill amending ?. . 97

duplicate bills or in conflict with existing laws 112

Eastern New York Holiness Association 104

Election Law, bill amending 97

escheated property, bill providing for release of State's

interest in to Christine Zons 63

excise tax rebate, appropriation for. ; 68, 73

Forest, Fish and Game Commission, appropriation for 68

Highways, Bureau of, appropriations, items vetoed 69

insurance companies, increasing outlays 82

Insurance Department, appropriation for 69

Insurance Law, bill amending 79, 82

lands under water 105

letter carriers, policemen and firemen, free transportation

for 79

Liquor Tax Law, bill amending 98

Lunacy, State Commission in, appropriation for 70

mutual fire insurance companies, foreign 79

New York Board of Elections, exempting employees from

Civil Service Law » 101

New York Canadian Pacific Railway, bill extending time

for completion of 95

New York, charter, bill amending relative to powers of

sinking fund commissioners 100

franchises of railroads in 87, 88

New York State Hospital for the Care of Crippled and De-
formed Children, appropriation for 74

omnibus veto .• .• H3

Oneida county, court crier, bill permitting increase in

salary 63

police service, bill providing a three platoon system 77

printing, appropriation for 68

Public Works, Department of, appropriation for 71, 73

Railroad Law, bills amending •. 64, 93

Rochester, abolishing railway crossing 104

salaries, changes in 108

Salary Classification Commission, bill creating 75

Saratoga Springs, receiver of taxes and assessments for. 61, 103

Stock Corporation Law, bill amending 91

street railways, fares 93

320 Index

Vetoes — Continued. Page -

Sullivan county, county clerk 102

supply bill, items in 66, 69

Syracuse, harbor at 101

Tax Law, bills amending 86

Village Law, bill amending 103

Vidaver, Nathan, charges against William Leary 200

Village Law, amendment, message on 52

veto of bills amending 103, 117

Vital statistics, veto of bill US

Voelker, Henry, appointment 146

Voorhees, Foster M., appointment 160

Voting, see Election Law; Primary Election Law

Waddington, reorganization, veto of bill.. 116

Wade, Trank E., appointment 142

Wadhams, Albion V., appointment 147

Wagar, Cyrus B., commutation of sentence 225

Wald, Lillian, appointment 143

Walker, Everett R., application for cancellation of tax 'sales.. 107

Wall, Morris M., appointment 155

Ware, Franklin B., appointment ....'. 144

Warner, William H., deceased 153

Warren, Arthur, appointed delegate 157

Washington's Headquarters, trustee, appointment 149

Water-closets, veto of bill amending Railroad Law in relation

to installing 64

Water powers, recommendations in annual message 33

Waterford charter, veto of bill amending 116

Watertown charter, amendment of, message on 56, 136

Watson, Mary L., veto of bill concerning real estate of 108

Wayne county, veto of appropriation for cleaning out State

. ditch 73

Weights and Measures, conference on, appointment of dele-
gates to 160

Werner, Paul, Attorney-General, to conduct action against. . 166

Werts, George T., appointment 160

Westchester county, veto of bills relating to 113, 114

Western House of Refuge for Women, appointments 152

Wheeler, Alonzo, appointment 156

Wheeler, Lilla C, resignation 154

Whipple, James Spencer, appointment as Forest, Fish and

Game Commissioner 144

appointed delegate 157, 158

Index 321

Page
White, Horace, on committee to investigate speculation in

securities and commodities 233

White, Isaac, commutation of sentence f . . 224

Whitestown, building of bridge over Oriskany creek 52

Whitman, Charles S., designation to assist in actions in rela-
tion to violation of Election Law 169

Whitney, Edward B., appointment 143

Wiard, William W., appointment 153

Wieting, Charles A., appointment as State Fair Commissioner. 148

resignation as Commissioner of Agriculture 144

Will, taking proof of, veto of, bill 117

Willard State Hospital, appointment of manager 151

Williams, Clark, appointment as' Superintendent of Banks.... 144

on committee to investigate speculation in securities and

commodities 233

Williams, George L., resignation 154

Williams, John, appointment _ 145

Williams, Roger B., appointment 153

Williams, William, appointment 143

declined > 143

Wilson, C. H., appointed delegate 158

Wingate, Louisa Man, resignation 150

Winthrop, Bronson, appointment 142

Witherbee, Walter C, appointment 142

W^ttpenn, H. OttOj appointment 160

Women, State Fariij • for. , 52

appointment or commission on 142

Wood, B. Frank ; appointed delegate .' 158

Woodbury, Egburt E., appointed delegate 158

Woodward, John, redesignation as associate justice 163

Wooten, John W., commutation of sentence 221

Wright, Emily I., veto of bill concerning real estate of 108

Young, J. Addison, appointment .- 143

Young Men's Christian Associations, veto of bill 113

Zirpoli, Antonio, commutation of sentence 220

Zons, Christine, . veto of bill providing for release of State's
interest in certain property to 63